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STATE OF DELAWARE,
PASSED AT AN ADJOURNED SESSION'
OF THE
GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, THE NINTH DAY OF JANUARY,
A. D. 1866,
AND OF THE
INDEPENDENCE OF THE UNITED STATES
THE NINETIETH.
VOL. 13.-- PART 1.
PUBLISHED BY AUTHORITY.
JAMES KIRK, PRINTER, DOVER, DELA. VirA. RE.
1866.

STATE OF DELAWARE,
PASSED AT AN ADJOURNED SESSION'
OF THE
GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, THE NINTH DAY OF JANUARY,
A. D. 1866,
AND OF THE
INDEPENDENCE OF THE UNITED STATES
THE NINETIETH.
VOL. 13.--PART 1.
PUBLISHED BY AUTHORITY.
JAMES KIRK, PRINTER, DOVER, DELA.VirA.RE.
1866.
LAWS OF THE STATE OF DELAWARE.
CHAPTER 1.
PUBLICATION OF LAWS.
Sao. I. Secretary of State directed to exclude SEC. 3. Tax on private laws.
certain acts In the publication of the 4. Clerks not to furnish copies of acts
laws, without the certificate of Secretary of
2, What acts excluded. I State.
An Act concerning the Publication, of the Laws.
SECTION 1. Be it enacted by the Senate and House of Represen- Secretary of
tatives of the State of Delaware in General Assembly met, That! rSetca.ead
the Secretary of State be and he is hereby directed to exclude:1d=
from the publication of the laws of this State all acts of incor- publication
poration, and other acts of a private nature, unless such acts con-0 Is awg'
tam n a provision directing their publication.
SECTION 2. That in the publication of the acts of the present
session of the Legislature the Secretary- of State shall exclude
all acts of incorporation, and acts of a private nature, except acts What
incorporating railroad companies, towns and banks, and the sup. excluded.
plements to said acts.
SECTION 3. That the Secretary of State is hereby authorized
and directed to demand and receive for the use of the State, on
certifying any act of incorporation, the sum of twenty dollars, Tax on pri-when
the capital stock of such incorporation shall exceed fifty Yate h""'
thousand dollars, and ten dollars when the capital stock shall not
exceed fifty thousand dollars; and on certifying any other act or
resolution of a private nature, he shall demand and receive, for
the use of the State, a fee of ten dollars.
SECTION 4. That it shall not be lawful for the Clerks of the Clerks not to
two Houses of the Legislature, or either of them, hereafter to furtifish
give or permit copies of such acts as are referred to in the fore- NaniT
going sections to be taken, unless the certificate of the Secretary gr:,!,:itc=
of State is appended thereto. State.
Passed at Dover, February 17, 1866.
4 LAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
CHAPTER 2.
Sec. 1. Tax on stock in National Banks.
2. State Treasurer to make a duplicate list
of Shareholders.
To Assess Tax.
Penalty for neglect of President and
Cashier to keep said list and for re-fusing
to let State Treasurer inspect
the same.
4. In case of neglect or refusal to pay tax,
how the same shall be collected.
NATIONAL BANKS.
Svc. 5. Collector for each county.
Official bond of State Treasurer.
Collectors to give bond.
Compensation of Collectors.
Compensation of State Treasurer
State Banks, after conversion, paying
said tax, to be exempt from tax int-posed
by their charters, Ac.
Jill alet in relation to National Banks in this State.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
iTna xN oanti ostnoaclk every person or body corporate owning or holding any share or
Banks. snares of stock in any national bank or banking association organ-ized,
created or established, or which may be hereafter organized,
created or established under the provisions of an act of Congress
entitled, "An act to provide a national currency, secured by a
pledge of ,United States bonds, and to provide for the circulation
and redemption thereof," approved June 3, 1864, or of any supple-ment
or amendment thereto, shall pay to the State Treasurer of
this State annually, on the first day of January in each and every
year, for the use of the State, a tax of one-half of one per centum
on the amount of the share or shares of the capital stock of any
such national bank or banking association, owned or held by
such person or body corporate.
SECTION 2. Be it further enacted by the authority aforesaid,
That for the purpose of levying, assessing and collecting the
State Trea- taxes imposed by section one of this act, the State Treasurer surer to
make a dtt- shall, on or before the first clay of September next after the pas-plicate
list of
shareholders Sage of this act, and on the first day of September in each and
every year thereafter, make out a duplicate of the names and
residences of all the shareholders, and the number of shares
owned or held by each in every national bank or banking asso-ciation
in this State, from the list kept in the offices or places of
business of such national banks or banking associations, and
And Mess shall assess a tax of one-half of one per centum on the amount
tax, of the shares owned or held by any person or body corporate
in any such national bank or banking association, to be paid by
such person or body corporate to the State Treasurer, or any
collector by him duly authorized to receive the same, on the
first clay of January next after such assessment shall have been
made.
SECTION 3. Be it further enacted by the authority aforesaid, That
if the President and Cashier, or either of them, of any national
LAWS OF DELAIVARE. 5
CONCERNING THE PUBLIC REVENUE.
bank or banking association in this State, organized, created or
established, or which may be hereafter organized, created or
established under the provisions of the act of Congress aforesaid,
or any supplement or amendment thereto, shall fail or neglect to
keep a correct list of the names and residences of all the share-holders
in the association, and the numbers of shares held by each,
in the office where its business is transacted, as required by the act
of Congress aforesaid, or shall refuse to permit the State Treasurer
to inspect and copy such list during business hours of each day
in which business may be legally transacted, it shall be the duty
of the State Treasurer to serve notice in writing on the President
and Cashier so in default in neglecting to keep such list, or in
refusing to permit the State Treasurer to inspect and copy the
same, requesting them within ten days from the service of such
notice to deliver to him, at the time and place designated in said
notice, a correct list of the names and residences of all the share-holders
in such national bank or banking association and the
number of shares held by each shareholder; and if the President
and Cashier of any national bank or banking association, Or Penalty for
either of them, upon whom notice as aforesaid has been served,
shall refuse or neglect to deliver to the State Treasurer such list ecolt±1.
at the time and place designated, they shall be guilty of misde- itirlorZt
meanor, and upon conviction thereof shall forfeit and pay to the StategTroa -
State a fine not less than five hundred dollars not more than one iinnszect
thousand dollars.
SECTION 4. Be it further enacted by the authority aforesaid,
*That if any person or body corporate owning or holding any
.share or shares of the capital stock of any national bank or
banking association in this State shall refuse or neglect to pay to
the State Treasurer the tax assessed under the provisions of this
act upon the share or shares owned by such person or body cor-porate,
for a period of thirty days after the same shall have
become due and payable, it shall be the duty of the State Treas-urer
and he is hereby authorized and required to proceed to col-lect
the same, and he, and any collector by him appointed as led to pay
hereinafter provided, shall have all the powers for the collection limxTrat"
of taxes imposed by this act as are granted to collectors of county .b
taxes by the provisions of Chapter 12 of the Revised Statutes of
this State ; and in addition to the remedies granted in said
chapter to the collectors of county taxes, the State Treasurer
shareholder so in default in the bands of the Cashier of the bank
or banking association in which such shares are held, and may
may sue out of the Superior Court, in either of the counties, an
attachment in his own name, and attach the dividends of any
recover in such attachment double the amount of taxes so unpaid
and all costs.
Section 7 of
Chap. 10,
Rev. Code
Revised Code, 24.
SEC. 1. Section 7 of Chapter 10 amended by
striking out certain words relating to
slaves.
6 LA,...ws. OF . DELAWARE.
CONCERNING THE PUBLIC REVENUE.
SECTION 5. Be it further enacted as aforesaid, That the State
Collector for
each county. Treasurer may appoint one collector for each of the counties of
the State; such appointment shall be in writing, and notice
thereof shall be given in one or more newspapers published, in
MfiniState
bond the county for which the appointment is made. The official bond o
Treasurer, of the State Treasurer shall be liable for all money received
under the provisions of this act by him or the collector whom he
Collectors to may appoint. The State Treasurer shall require the collector to
give bond, give bond in such amount and with such security as he may
approve, conditioned for the collection of all, taxes committed to
them and the payment of all taxes by them collected to the State
Componsa- Treasurer ; he shall pay to the collector by him appointed two
Hon of Col-lectors.
per cent. on the amount of taxes which they may collect, to be
deducted from the commissions of the State Treasurer for his
services under this act.
SECTION 6. Be it further enacted by the authority aforesaid,
That the State Treasurer shall receive for the performance of the
Componsa. duties imposed by this act, three per cent. on the amount of
Lion Sato taxes collected. Treasurer.
SECTION 7. Be it further enacted by the authority aforesaid,
That upon the payment in any year of the tax herein provided
state banks, by the shareholders in any banking association which has been
elon
r cponayeyr. ih -
ng fine c anged or converted from a State bank into such banking asso-mild'
tax, to dation, such State bank ,so converted shall, for any year such
be exempt
from tax itn- tax has been paid by the shareholders aforesaid, be exempt from
posed by
their char. the payment of the tax provided for in their act of incorporation
tore, &c. and laws of the State applicable to such corporation.
Passed at Dover, February 16, 1866.
CLIAPTER 8.
ASSESSORS.
Sao. 2. Sections 0 and 12 of said Chapter
stricken out.
1 The aseenstnent of slaves to be stricken
from the assessment books.
4. Future publications.
Rev. Code, All Act to amend Chapter 10 (If the Revised Statutes of the State of Dela-
24. ware, Milled "Assessors," and/or other ploposes.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
Section 7 of Chapter 10 of the Revised Statutes of the State of
. I I
LAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
DeJaware, entitled. YAssessors,"be and the same is hereby amended weeorrtgurea.
by striking out the words " and if of slaves the sex"' in lines -fourcng to
and five. of said sect . slaves
ion. 'stricken out.
.SEcTi0x.2. And be it further' enacted by the authority aforesaid,
That the -said chapter be further amended by striking out all dfS3ctm0fl and 12 of
Section:9 of said:chapter, and also by striking out all-of'Sectionsl nu staridckCehaoptetr. 12óf 'the-same chapter.
:SECTION-3. And be it:further enacted by. the authority .aforesaid,
That it-shall be the duty of the respective 'Levy Courts of tie The assess-several
counties of this State, -at their first meeting After the pas- /7!
sage of this act, to cause to be stricken from the assessment
slaves sagee to be
stricken
book-in the -respective counties of this State all assessments ,of
f.e
rosmuntehnel
as-slaves,
and to deduct the. same from the assessment of such per- books.
sons as may be found assessed therewith.
.SECTION 4. And be it further .enacted by the authority aforesaid,
That in all editions of the Laws of this State hereafter to be Future pub p
published, the said Chapter 10 shall be published as hereby Mations.
amended.
Passed at Dover, February 8, 1866.
CHAPTER 4.
STATE'S STOOK IN THE FARMERS' BANK.
Sun. I. Of the waiverof the right to vote State Deposits.
stock.
Sac. 2. Act how long to have force.
3. Acceptance of Act.
Preamble.
An Act in relation to this State's Stock in the Farmers' Bank.
WHEREAS this State is the owner of [a] majority of the stock Preamble.
in the Farmers' Bank, and has, by an act passed at the present
session of the General Assembly, given its consent that said bank
shall be converted into a national bank;
AND WHEREAS by the charter of the aforesaid Farmers' Bank
the State stock is not voted at elections of directors, but she
has the right secured to her to appoint three of the nine direc-tors
who transact the business of the principal bank, at Dover,
and also three of each of the nine who transact the business of
each of the branches, thus giving the State twelve of the thirty-six
directors of the bank, or one-third of the whole;
AND WHEREAS by the provisions of the eleventh section of the
national banking law, being the act of Congress approved on the
8 LAWS OF DELAWARE.
CONCERNING THE PUBLIC REVENUE.
third day of June, A. D. 1864, entitled "An act to provide a
uniform currency by a pledge of United States bonds, and to
provide for the redemption thereof;" each stockholder in a bank
organized under its provisions is entitled to one vote for each
share of stock held by him, which, upon conversion of the Farm-ers'
Bank into a national bank, would give the Legislature the
power to control the affairs of the new bank or banks, which
power, in times of high political excitement, might be improperly
exercised, and its existence would at all times be dangerous;
AND WHEREAS, it is deemed best now to provide against the
evil aforesaid; Now, therefore,
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That in
the consideration of the sum of one hundred dollars, to be paid by Of Vat-ver
of right the aforesaid national bank or banks to the State Treasurer for
gtotoveko!o
State the use of the State, within thirty days after their organization
under the act of Congress mentioned in the preamble hereof, and
a like sum to be paid to him annually thereafter by said bank or
banks for the use aforesaid ; and also that the stockholders of
the said bank or banks will elect as part of the board of direct-tors
thereof such persons, being qualified to serve as directors
under the provisions of the act of Congress aforesaid, not exceed-ing
three for each bank, as the Legislature shall designate by
joint resolution passed at each biennial session, and will continue
them in office until a new designation shall be made by the Legis-lature
in manner aforesaid, the State will waive and will not
exercise her right under the national banking law aforesaid to
vote her stock in the election of directors of said bank or banks.
SECTION 2. And be it further enacted by the authority aforesaid,
Act not 1,0w That so long as the provisions of the aforesaid section shall be
forego.
have faithfully observed by the stockholders aforesaid this act shall
Deposita. have force and no longer ; and furthermore, all deposits now
authorized by law to be made in the aforesaid Farmers' Bank
shall be made in the new bank or banks aforesaid, unless the
General Assembly shall, upon due consideration and hearing of
the said bank or banks, think fit otherwise to order.
SECTION 3. And be it further enacted by the authority aforesaid,
cAreeaecl't!' That this act shall be accepted by the stockholders of the afore-said
new bank or banks within thirty days after the time of the
conversion aforesaid or it shall be void ; such acceptance shall be
by resolution, and the fact of the adoption thereof shall be shown
by certificate under the seal of the said bank or banks. The
said certificate shall be delivered to the Governor and be filed by
him in the office of [the] Secretary of State, who shall report the
fact to the General Assembly.
Passed at Dover, February 13, 1866.
LAWS OF DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
CHAPTER 6.
SALARIES.
Sec. 1. Salaries of Chancellor and Chief Justice
$2,000, Associates $1,700, Associate
for Kent County, additional, 8200,
When to commence.,
Sec. 1. Proviso.
2. Judge not to accept favor, Ste., from
corporations.
9
An Act to increase the Salaries of the Chancellor anti Judges of this State.
SECTION 1. Be it enacted by the Senate and House of Repre-
.sentatives of the State of Delaware in General Assembly met, That Saios of
Chancellor
from and after the passage of this act the annual salary of the and Chief
Chancellor, and Chief Justice also, shall be two thousand dollars,;;-1,aotr.
and of each of the Associate Judges seventeen hundred dollars, Mottos
with an addition of two hundred dollars per annum to the Asso- Asociato for
ciate for Kent bounty, for reporting the jj udicial decisions. The
said salaries shall commence with the present year, and be paid $200.
as heretofore : Provided however, That no Judge shall be allowed tnoc
the benefit of this increase whilst he has any connection with a Pr"im°'
.corporation, whether as stockholder in any right or as an officer.
SECTION 2. And be it further enacted, That hereafter it shall Judge not to
not be lawful for any Judge to accept from any such corporation, tt .c.c.opftrofianvor
for himself or his family, any favor or gratuity except where corporations
the same is extended to all other citizens.
Passed at Dover, February '1, 1866.
CHAPTER 6.
SALARIES.
Revised Code, 77. I Sue. 1. Salaries of certain State officers in-
SEC. 1. Sections 1, 0, 4 and S of Chapter 25 - creased.
Revised Code emended. I 2. Future publications.
An Act to amend Chapter 25 of the Revised Code, in- relation to salaries Rev. code,
of certain public officers. 77.
Be it enacted by the Senate and House of Representatives of the
. State of Delaware in General Assembly met,
SECTION 1. That Chapter 26 of the Revised Code of the State
of Delaware be amended by striking out the word "four " in the g,,,eftag
fourth line of section one, and insert the word " five " in the
place thereof; strike out the *ords "'three hundred and fifty" in ft:LOTT/7.
LAWS OF DELAWARE..
IN RELATION TO PUBLIC OFFICERS.
the second line of Section 8, and insert the word " five " in the-
State Trea- place thereof; strike out the word " five" in 3c1 line of Section surer $000. 4, and insert the word " six" in the place thereof; and strike out
the word " five " in the first line of Section 5, and insert the
Auditor $000 word " six" in the place thereof.
Future pnb- SECTION 2. That ih all editions of the laws hereafter to be pub-
IlentIonR. lished, the said chapter and sections shall be published as hereby-amended.
Passed at Dover, February 14, 1866.
* So in original and enrolled bill.
CHAPTER 7.
CHANCELLOR AD LITER.
She. I. Appointment of Chancellor ad Mem Sen. 1. llow enforced.
authorized where the Chancellor lies Appeal.
been counsel to cause. See. 2. Compensation. . Authority of Oath.
Nature of decree.
An Act to provide for the appointment of a Chancellor ad Went in certain.
cases.
SECTION 1. Be it enacted by the Senate and House of Rgre-sentatives
of the State of Delaware in General Assembly met, That.
where any cause is now, or shall hereafter be pending in the-
Appoint. Court of Chancery, in which the Chancellor has been counsel, the- rm:tat of
Chancellor Governor, upon a certificate of that fact being sent to him by the-thorizo7
au Chancellor, shall have power to appoint, either from the bench
Wh011 Chan-cellor
lots or the bar, as to him shall seem proper, a Chancellor ad litem to
been counsel hear and determine the said cause; and the perSon so appointed in Mae.
shall have, for the purpose of such hearing and decision, all the
Authoilty of.jurisdiction and authority which by the constitution and laws of
this State are vested in the Chancellor, and the decree made by
troactIrieroo, ofiow him shall, in all respects, be of the like nature as other decrees,
enforced. and be enforced by the process of the Court of Chancery, and
Appeal. may be appealed, affirmed or reversed in the Court of Errors and
Appeals.
SECTION 2. And be it further enacted, That a person appointed
Componsa Chancellor ad Mem and exercising the duties of his appointment, Hon. shall be entitled to a reasonable compensation for his services.
Before he enters upon the duties of his appointment he shall be
Sworn, duly sworn or affirmed as other judicial officers.
Passed at Dover, February 1866.
1
1.
LAWS OP 'DELAWARE.
IN RELATION TO PUBLIC MITERS.
CHAPTER ..8.
NOTARIES PUBLIC,
11 Volume, 230.
Sze, 1. Chapter amended.
SRC. 1. Notaries for State and National Banks
Proviso.
authorized.
An .Act to amend an act entitled " An Act to amend the Thirty-sixth 11 Vol. 230.
Chapter of the Revised Code."
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
the said act, entitled "An Act to amend the Thirty-sixth Chapter .
of the Revised Code," passed. at Dover, on the sixteenth of Feb- Chap. 30.
ruary, A. D.1855, he and the same is hereby amended by striking amended.
out the words, "and one for each hank in the State, now or here-after
to be chartered," in the eleventh and twelfth lines of Section Notaries for
1, and inserting in lieu thereof the words following: "and one for tueonunnia
each bank and banking association in this State, whether State:lin:Nor-or
National, now or hereafter to be chartered or organized under
the laws of this State, or of the United States :" Provided however, Proviso.
That the privileges and duties of the Notaries Public who may
hereafter be appointed for the several banks within -this State,
whether State or National, shall 'be confined 'to the business of
their respective banks and none other whatever.
Passed at Dover, January 24, 1866.
CHAPTER 0.
NOTARIES PUBLIC.
Sim 1. Additional Notaries Publie authorized. I Sze. I. Three for each of the comities.
An ..eict authorizing the Governor of this State to appoint additional
Notaries Public.
SECTION 1. 13e it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
the Governor of this State be and be is hereby authorized to otaitriligaain_
appoint not exceeding three Notaries Public for each of the coun- thorized.
ties in this State, in addition to the number now authorized by
law to be appointed.
Passed at Dover, February 16, 1866.
11
12 LAWS OF DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
CHAPTER 10.
OF CONSTABLES.
Revised Code, 05.
SEC. I. 'Additional Constable for Wilmington
authorized.
His official term.
,=.
Sim 2. Penalty for neglect or refusal to execute
process.
Inconsistent acts repealed.
Itev.4-1;ode, A ti Act to amend Chapter 34 of 11w 1?evised Statutes, 'concerning Constables.
SECTION 1. Be it enacted by the Senate and House of Repre-llovernor
sentatives of the State of Delaware in General Assembly met, That
authorized to the Governor be and he is hereby authorized and required to appoint an
.additional appoint an additional Constable in New Castle county, who shall
constable for
City of Wit- be appointed for and reside in the City of Wilmington and the
znington. office of Constable hereby shall Continue for the termof
Ills official
,term. three years, and the appointment thereto shall be made and
vacancies filled by the Governor for and during the said term of
three years.
SECTION 2. And be it further enacted, That if any Constable
appointed by authority of this act, or that has been or shall here-after
be appointed by the Levy Court of New Castle county, shall
Penalty for refuse or neglect to execute any process issued by a Justice of the
neeklser toor Peace residing in the City of Wilmington, and directed, to him,
execute pro- he shall be deemed guilty of a misdemeanor, and upon conviction
CCM thereof shall forfeit his office; and it shall be the duty of any
Justice of the Peace that he shall have so refused, or whose pro-cess
he may have neglected to execute, to present any such refusal.
or neglect to the Grand Jury, that the same may be inquired into.
SECTION 3. And be it further enacted, That all laws and parts
Inconsistent or ^
acts re- laws contrary to the provisions of this act be and the same
pealed. are hereby repealed,. made null and void.
Passed at Dover, February 1, 1866.
CHAPTER 11.
CONSTABLE.
Levy Court
of Rent Co.
An Act to authorize the Levy Court of Kent County to continue in (Vice
for a period of 1noret1ian three years, a Constable in Dover Hundred,
to resule in the town of Dover.
SECTION 1. Be it enacted by the Senate and House of --Represen-tatives
of the State of Delaware in General Assembly met, That
it shall and may be lawful for the Levy Court. of Kent County,
LAWS OF DELAWARE. 13
IN RELATION TO PUBLIC OFFICERS.
upon the application of the leading business men in and adjacent upTiKtr,oarp-to
the town of Dover, to reappoint and continue in office for a term ottmore
term of more than three years, any constable who has performed yeat .!'s coree
his official duties in a satisfactory manner to them, and whoopil Invteorum
shall reside in said town of Dover.
Passed at Dover, Februciry 6, 1860.
CHAPTER 12.
SEAL OP OFFICE.
12 Vol. 217. Sao. 1. Another parson to procure seal.
Sea. 1. See. 1 of Chap. 193, 12 Vol., amended.
An Act to amend an act entitled, " An Act to authorize the Register
Chancery t'n and for New Castle County to procure a new seal of office," 12 Vol. 217.
Passed at Dover, January 24, 1862.
SECTION 1. Be it enacted by the Senate and House of Represen- Sec. 1, Chap.
tatives of the State of Delaware in General Assembly met, That yea
the name of James Duncan, in the third line of Section 1 of an amondOd.
act to authorize the Register of Chancery in and for New Castle
county to procure a new seal of office, passed at Dover, January Another per-
24, 1862, is hereby stricken out, and the name of Samuel Guthrie rnrotfir
inserted in lieu thereof.
Passed at Dover, February 14, 1860.
14 LAWS OE DELAWARE.
IN RELATION TO PUBLIC OFFICERS.
CHAPTER 13.
SEAL OF OFFICE.
Soc. 1. Section 1 of Chapter 104, 12 Volume,
I
seal.
12 Vol., 213. Soc. 1. Another person authorized to procure
amended.
An 'let to amend an act entitled "An Act to authorize the Clerk of the
12 Vol. 21g, Orphans' Court in and for New Castle County to procure a new seal of
(I/ice," ppsed at Dover, anuaq 24, 1862.
Sec. Chap I, . S. ECTION 1. Be it enacted by the Senate and House of Represen.
104 o1 tatzves of the State of Delaware in General Assembly met, That Vol. Del.
laws the name of James Duncan, in the third line of Section 1 of an
amended. act to authorize the Clerk of the Orphans' Court in and for New
Another per- Castle county to procure a new seal of office, passed at Dover,
son
autpro-ized
to hor- January 24, 1862, is hereby stricken out, and the name of Samuel
cure seal. Guthrie inserted in lieu thereof.
Passed at Dover, February 14, 1866.
CHAPTER 14.
OATHS.
Soc. I. Clerks of Circuit and District Courts of Sac. 1. To take acknowledgment of execution
U. S. for District of Delaware au- of instruments of writing.
thorized to administer oaths.
An Act authorizing the Clerks of the United States Courts for the District
of Delaware to administer oaths and ajfirtnations and take acknowledg-ment
of writings.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That Clerks of
Circuit and the Clerk of the Circuit Court of the United States and the
CDoituhrites to f U. Clerk of the District Court of the United States, for the District
S, for Dist. of Delaware, shall be and they are hereby authorized to admin- of Delaware
authorized ister oaths and affirmations and to take acknowledgment of the to adminis-ter
oaths, &a. execution of instruments of writing in this State which are to be
used in their "respective courts or in any District or Circuit Court
of the United States.
Passed at Dover, February 1, 1866.
LAWS, OF, DELAWARE. 15
EN RELATION TO RECORDS AND FREE .SCHOOLS.
CHAPTER 15.
COPY OF INDICES AUTHORIZED.
12 Vol: 4313, Sm. 2. Section 2 amended.
Preamble.
Sao. I. Section 1 amended.
An Act to amend an act entitled "An Act to amend an act entitled, 'An 12 Vol. 436.
Act 'authorizing the Prothonotary of Kent County to copy indices.'"
WHEREAS by an act' of 'the General Assembly of tlie State 0 F Preamble.
Delaware, passed at Dover, February 5th, 1864; certain duties
Were imposed. upon John 0: Slay, which duties, before he was
able to perform, he moved from this State into the State of
Maryland, and is not likely to find time to. complete said
duties, and is desirous of being relieved from the same, and re-quests
that the General Assembly will appoint some other per-son
in his stead ; Therefore,
SECTION 1. Be it enacted by the Senate and House of Represen- section1
tatives of the State of Delaware in General Assembly met, That amended.
Section 1 of the act entitled "An Act to amend an act entitled
'An act authorizing the Prothonotary of Kent County to copy
indices," passed at Dover, February 6th 1864, be and the same
is hereby amended by striking out the words "John 0.Slay," in new.
the last line of said section, and inserting in lieu thereof the
words "Henry C. Collison."
SECTION 2. And be it further enacted, That Section 2-of said section 2 *
act, passed at Dover, February 5th, 1864, be and the same is amended.
hereby amended in line four of said section by striking out the
words "sixty-four," and inserting in lieu thereof the words
"sixty-six."
Passed atDover, February 2; 1866.
CHAPTER' 16:
OF THE COLLECTION OF BALANCES DUE FREE SCHOOLS.
See, I. Action of debt may be brought against Sac. 1. Before whom.
School Committee or survivors for Retroactive.
money due District.
An Act to provide for the Collection of Balances (inc the Free Schools by
the School Committee.
SECTION 1. Be it enacted by the Senate and House of _Represen-tatives
of the State of Delaware in General Assembly met, That
where it appears upon settlement by the school committee of a
Rev'bed Code, 130.
SEC. 1. SealOlt o, Chapter 45 amended.
CHAPTER 17.
CONCERNING ALMSHOUSES AND TILE POOR.
LAWS OF DELAWARE.
CONCERNING THE POOR.
district that there is due from said committee to the district for
dAecbtito nm oafy be money actually. received by said committee any sum whatever,
brought an action of debt may be brought in the name of the district, or
against
School Com against the said committee, or the survivor or survivors of them,
,InirtylveoTs. for in their individual names, for recovery of the same, as also for
mouey tine the penalty now provided by law, and judgment thereon shall District. be given as in other cases, and may be executed accordingly ;
such action, no matter what the sum demanded be, may be
whom. Before brought before a Justice of the Peace, and shall be proceeded in
as other actions within their jurisdiction are. This act shall
Retroactive, have a retroactive effect so far as the remedy hereby provided is
concerned.
Passed at Dover, February 0, 1866.
Sae. 1. The day for the quarterly meeting of the
Trustees of the Poor of Kent County
changed.
Rev. Code,
130. An Act to amend Chapter 48 of the Revised ,gatutes of .this State.
SECTION 1. 13e it enacted by the Senate and House of Eepre
Soc. 5 Chap. sen
-
, tatives of the State of Delaware in General Assembly met, That
48 of Rev.
Code anion. Section 5 of Chapter 48 of the Revised Statutes of this State be
dad.
Day for the and the same is hereby amended by striking out, in the third line
quarterly of said section, the word "Monday," and inserting in lieu thereof toasting of
the True. the word "Wednesday," and that in all future publications of the teem of the
Poor of Rent laws of this State said section shall be published as thus amended.
County
changed. Passed at Dover, January 30, 1866.
LAWS OF. DELAWARE.
CONCERNING THE POOR.
CHAPTER 18.
DEAF, DUMB AND BLIND.
11 Volume, 118.
Sac, 1. Section 1 of the net amended.
Sec. 1. Tito word "immune" inserted in place
of "children."
An Act to amend an, act entitled "An Act to promote the Education, of then vot. 118.
Deaf and Dumb and the Blind." passed at Dover, March 4, 1853.
See. 1 of said
SECTION 1. Be it enacted by the Senate and House of Represen- j t eetd.amen-tatives
of the State of Delaware in General Assembly met, That Tror,wott
section one of said. act be and the same is hereby amended by 1 nircroteol in
striking out the word "children," in the fourth line, and insert "children,"
the word "persons" in the place thereof.
' Passed at Dover, February 8, 1866.
CHAPTER 19.
DEAF, DUMB AND BLIND.
11 Volume, 118.
Sae. 1. Two additional indigent pupils may be
Sae. 1. Of the costs of maintaining Mad pupils.
Proviso.
sent from New Castle County.
_ A Supplement to an act entitled "An act to promote the Education of the 11 Vol. Us.
Deaf and ,Dumb and the Blind,"
SECTION 1. Be it enacted by the Senate and House of Repre-ZaTidatit-sentatives
of the State of Delaware in General Assembly met, That cttlyt ellust
two indigent pupils, in addition to the number now allowed by fCrosam tleNCeow. law, from New Castle county, may be recommended for admis.
sion into the Pennsylvania Institute for the instruction of the
deaf and dumb, and the Governor shall cause the persons so
recommended to be admitted in like manner as pupils are now or th t
admitted into the said institution by the act to which this is a of man-supplement;
and that the cost of maintaining the said addi-tional
pupils shall be charged' upon the income of the School
Fund distributable to the said county: Provided, That not more Pr"I".
than five indigent pupils from the said county shall be at the
same time in the said institution, and that not more than twenty.
three hundred dollars shall be paid to the said institution in any
one year.
Passed at Dover, February 15, 1856.
17
Misnomer.
It Volume, M.
SEC. 1. Name of corporation changed.
2. Members of now corporation.
LAWS OF DELAWARE.
CONCERNING THE POOR.
CHAPTER 20.
- THE FEMALE SOCIETY OF WILMINGTON.
Sec. 3. Misnomer.
4. Section I of the original act amended.
A Supplement to the act entitled, "An diet to incorporate the Female So-n
Vol. /05. clay of TVilminglon, for the relief and Employment of the Poor,"
passed at Dover, January 30, 1855.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, (two-thirds of' each
branch thereof concurring,)
SECTION 1. That the name and style of the corporation created
by the act to which this is a supplement, be and the same is
Name of cor. hereby changed from that of "The Female Society ot Wilming-poration
ton for the relief and Employment of the Poor," to that of "Home changed.
for Aged Women," by which last mentioned name the said cor-poration
shall continue to have succession for the purposes named
in the act aforesaid, and with all the powers and franchises of a
corporation aggregate.
SECTION 2. That the present members of the said "The Fe-
Members of male Society of Wilmington, for the Relief and Employment of
new corpora- the Poor" shall be members of the "Home for Aged Women," OO and that all the immunities and franchises and all the rights,
powers, properties, effects, 'and credits belonging to the corpora-tion
created by the act to which this is .a supplement, shall be
and are hereby vested in the "Home for Aged Women."
SECTION 3. That no misnomer of the corporation, created by
the aforesaid act, in any deed, will, testament, gift, grant, demise,
contract or other instrument, shall avoid or vitiate the same ;
Provided there be sufficient to ascertain the intent of the parties.
Sec. I of the SECTION 4. That the last line of Section 1 of the aforesaid act original Rd
amended. be and the same is hereby amended by striking out the words
"City of Wilmington," and inserting in lieu thereof the words
"County of New Castle ;" and all the property of this corpora-tion,
held at this time, or to be hereafter acquired, shall be
exempt from taxation and from water rent.
Passed at Dover, January 31, 1866.
LAWS OF DELAWARE. 19
OF THE GENERAL POLICE.
CHAPTER 21.
HOUSE OF REFIJOR.
12 Volume, 600. Silo. 1. Managers authorized to locate buildings
Sc. I, Section 14 of Chapter 633, 12 Volume, In Wilmington or elsewhere.
amended.
.An Art to amend an act entitled, "An act to incorporate the [louse 0f12 Vol. MO.
Refuge of New Castle County."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, .
Sec. 14 of
Chap. 633,12
SECTION 1. That Section 4 of the act entitled, An act to moor- gi:aLmalevns.of
porate the House of Refuge of New Castle County be, and the gaatiagers
same is hereby amended by adding after the word "Wilmington," Vligart'oe"
in the fourth line of said section, the words, "or other place as bWuiillmdiinnggst oinn the said Board of Managers shall determine." or elsewhere
Passed at Dover, February 13, I836.
CHAPTER 22.
SALE OF INTOXICATINO LIQUORS, Ste,
12 Volume, 172. Sue. 1. Section 11 of said Chapter amended.
Sec. 1. Section 0, Chapter 10S of 12 Volume Penalty increased for selling without
amended. license.
l'enally increased on ale4muse keepers 2. Publication in newspapers.
selling any but malt liquors.
An Art to amend Mt act entitled "An Act regulating the sale of into:aro- 12 Vol. 172.
ling Liquors, &c.," passed at Dover, March. 6, 1861.
SECTION 1. Bc it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That Moili 111".
Section 9 of said act be amended as follows: Strike out all after lasalen.
the word "of," in lino 10 of said section, and insert the -
ing "fifty dollars, besides costs, and in default of paymentPo It In-th.
ereof, shall be imprisoned not less than one nor more than six r 00
months; and for the second offence shall forfeit and pay a fine of =on-seventy-
five dollars, besides costs, and in default of payment shall
be imprisoned not less than three nor more than twelve months ;
and for the third offence shall forfeit and pay a fine of one hun-dred
dollars, besides costs, and in default of payment thereof
shall be imprisoned not less than six or more than twelve months,
Seizure.
Notice to
owner.
OF THE GENERAL POLICE.
and such third conviction shall also ipso facto work a forfeiture
of his or her license, and he or she shall not be re-licensed for the
time of five years from the time of such third conviction. Also
Su. 11 of
said Chap. amend Section 11 of said bill by striking out all after the word
amended. "of," in line 14 of' said section, and insert the following : "one
hundred dollars, besides costs, and in default of payment thereof
Penalty in- shall be imprisoned not less than six nor more than. twelve
csroeil"in"gd w``iFt h- months, and for a second or any subsequent offence shall forfeit
out license. and pay a fine of two hundred dollars, besides costs, and in
default of payment thereof shall be imprisoned not less than nine
nor more than twelve months."
SECTION 2. And be it further enacted by the authority aforesaid,
That Sections 9 and 11. of the above-named bill, as amended, be
Publication
in 110WR. published in all the papers of the State for three months, by the
Pare". authority of the Secretary of State.
Passed at Dover, February 13, 1366.
CHAPTER 23.
ESTRAYS.
Sec. 1. Cattle and Horses prohibited from run-ning
at largo in Milford and vicinity.
Seizure.
Notice to owner.
2. Impounding.
2. Advertisement of sale.
4. Of the fine of persons residing within
said limits.
A. Of thefino on persons not residing within
said limits.
See. 0. Commissioners of Milford authorized to
impose fine.
7. Fee of $1.00 to be paid to persons taking
up estmy.
S. Penalty for forcibly taking estrays im-pounded.
Of the appointment of person to im-pound
clamp'.
111s compensation.
Inconsistent acts repealed.
An .11(1 11) prohibit Cattle and Horses from running at large within cer-tain
limits 'wit/an Kent County.
SECTION 1. Be it enacted by the Senate and House of _Represen-tatives
of the State of Delaware in General Assembly met, That
from and after the date of the passage of this act no cattle or
Cattle and horses shall be allowed to run at large within the said county horses where . .
not to run at within a limit of two miles in every direction from the bridge
large. over the Mispillion Creek, at the foot of Walnut street, in the
town of Milford, in said county,; and that cattle or horses so run-ning
at largo within the said limits may be taken up by any
white person who shall forthwith give notice to the owner or
owners thereof; and if the owner or owners thereof shall be to
20 LAWS OF DELAWARE.
LAWS OF DELAWARE. 21
OF THE GENERAL POLICE.
him unknown, then notice shall be given to the Commissioners
goomticmaistsoion. of the town of Milford, or to some one or more of them, and the
said cattle or horses shall in either case be delivered to the per- ono.f Alli-son
°whom the said commissioners may appoint to take charge of
them.
SECTION 2. And be it enacted, That it shall be the duty of the
Commissiiiners of the said town of Milford to provide some suit-able
place for the safe-keeping of such cattle or horses as may
be found running at large within the limits hereinbefore men-tioned,
and to appoint some suitable person to take charge of
such place of impounding, whose duty it shall be to take proper
care of all such cattle or horses as may be entrusted to him, and trotunt.
who shall be responsible to the said commissioners for their safe- 6.
keeping, who shall pay him out of the funds belonging to the
said town such compensation as may be agreed on between them.
SECTION 3. And be it enacted, That if the owner or owners of
such cattle or horses so .found and impounded shall, after said
notice given, refuse or neglect to pay the fines and costs herein-after
imposed, then it shall be the duty of the clerk of the said
commissioners, or the person having charge of the said place of
impounding, to advertise the said cattle or horses for sale, giving Advertise
five days notice from the time of said impounding to the day of'"u"r"I°.
sale, but if the person or persons owning the same shall, before
the day of sale, pay all the fine and costs hereinafter provided,
then the said cattle or horses shall be delivered up without sale.
SECTION 4. And be it enacted, That when the cattle or horses
so found running at large and impounded shall belong to or be
in the custody or use of any person or persons residing within
the said limits, then the fine for the first offence shall be one
dollar ; for the second offence, one dollar and fifty cents ; for the
third offence, two dollars; and for the fourth offence, three dol- or the tine.
lars ; and also for the said fourth offence, the cattle or horses so
impounded shall be sold at public sale, after five days notice from
the day of impounding, by the keeper of said place of impound-ing
or by the clerk of the said commissioners, and after deducting
all expenses of impounding, keeping and selling the said cattle
or horses, the remainder of the amount for which the same shall
sell shall be paid over to the owner or owners thereof.
SECTION 5. And be it enacted, That when the cattle or horses
so found running at large and impounded shall belong to or be
in the custody or use of any person or persons residing outside
of the limits hereinbefore named, then the fine for each and every or the lino
of the cattle or horses so running at large and impounded, shall ;lit1'reer8Vgg
be one dollar for each offence. within mitt
SECTION 6. And be it enacted, That the Commissioners of the
Multi.
said town of Milford, for the time being, are hereby authorized
22 LAWS OF DELAWARE.
01"11[] GENEVA L POLICE.
to impose the fines hereinbefore mentioned, upon proof being ars of MI-ton!
to Sm. made before them that the provisions of this act have been vio-
Pm° flelated, and also to tax such costs for impounding, keeping and
selling such cattle or horses as may be impounded and sold as in
their judgment may seem proper and right.
SECTION 7. And be it enacted, That the fee of one dollar for
Fee or *Imo each and every of the cattle or horses impounded shall be paid
by the said commissioners to the person or persons who shall
emtray. take them up and deliver them to the keeper of the place of
impounding.
SECTION 8. And be it enacted, That any person or persons who
shall wilfully, or forcibly, or unlawfully take from such place of
Penally for
forcibly tab- impounding cattle or horses therein placed, shall, upon complaint
tug estruY by the person keeping said place of impounding, or by one of linpountlefl. the commissioners of the said town, before any Justice of the
Peace in and for Kent county, be fined the sum of ten dollars,
half to be paid to the person making complaint, and the other
half for the benefit of the said town of Milford, to be collected
as all other fines and costs imposed by Justices of the Peace. .
SECTION 9. And be it ,further enacted, That it shall be the duty
for the aforesaid Town Commissioners of the town of Milford to
Pound 'no- appoint some person whose duty it shall be to impound all cattle
te41""r "P- or horses which they may see running at large in the
limits, and the said person, so impounding, shbaeflorle .nambeed-
Ifin comport- entitled to one dollar for each animal so impounded, and shall be
salon paid by the aforesaid town commissioners.
SECTION 10. And be it enacted, That all acts or parts of acts
luconAcout inconsistent with this act are hereby repealed, and this shall be 4ctsrepettled deemed and taken to be a public act.
Passed at Dover, January 26, 1866.
CHAPTER 24.
liSTILAYS.
Sec. I. lloraos, &a., prohibited- front mooing at Sac, 2 lawoundlug.
IsrgoI,, Lowe. Notice.
Penally. a. Or nolo.
ila Ael to prevent Horses, Mutes and Colts from running al large within
lhe town qf Lewes, in Sussex County,
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That.
iloraeff, ac., _the owner of any horse, mare, gelding, colt, or mule, who shall
'
LAWS OF DELAWARE. 23
OF 'ME (4-11&14111.A.1, POLICE: .
suffer the same to be at large out of such owners or keepers in- Wrtgto°,14.1"1 t
closed grounds, within the limits of the town of Lewes, in Sussex Lee.
County, shall forfeit and pay to the State, one-half for the use of the rennItY
town of Lewes and the other half for the use of the informer or
person impounding any such horse, mare, gelding, colt, or mule,
the sum of five dollars, to be recovered with costs of suit before
any Justice of the Peace for said county.
SECTION 21 And be it further enacted by the authority aforesaid,
That it shall be the duty of any and every Constable resident in
the said Town of Lewes, and of any and every officer of Police of
the said town, upon information coming to their knowledge, either
by personal observation or otherwise, of any violation of the
provisions of the preceeding section, to cause said animal or
animals of the kind above described to be forthwith impounded; Impounding
notice of such impounding shall be given to the owner or owners Notico.
thereof in writing, if known, and if not known by five notices
posted in five of the most public places in said town, describing
the animal by general description, and the owner shall in addition
to the fine imposed by the first section of this act, pay to the
officer impounding the same the sum of' one dollar and all costs
which may or has accrued for keeping the saine.
SECTION 3. And be it further enacted by the authority aforesaid,
That if the owner or owners of any such stock so impounded,
as provided by Section 2 of this act, do not before the expiration
of live days from the time of the impounding of any stock in con-formity
with this act, come forward, prove their property and pay
the person so impounding the said sum of one dollar and all
costs,. the officer shall advertise the property for sale by giving or lale.
public notice thereof for the space of ten days, posted three in the
town of
Lewes'
and three others in Lewes and Rehoboth hundred.
The sale shall be by public auction, and the money arising from
the sale thereof, after deducting all costs and fees, shall be paid
over to the owner of such stock so sold, and if the person to
whom the same belongs shall refuse to accept the same, the officer
having it in charge may deposit the same in the Farmers' Bank
of the State of Delaware, at Georgetown, or, when changed, the
National Bank at Georgetown, or by whatever name it may be
called, to the credit of the person entitled to the same, and such
deposit shall discharge and acquit the officer from all liability to
that extent.
Passed at Dover, January 30, 1866.
Fealty.
Sec. Certain persons not to suffer animals of
the now kind to run at large.
'I. Horses not to run at large.
3. What persons can suffer one cow to roll
at large.
Sao. 4. After notice no person to suffer such
animals to run at large.
5. Penalty.
Proviso.
n. Act how construed.
7. Act to apply to certain roads.
An Ad to restrict certain, aninials pow running «I large in, Brandywine
Hundred,
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That no resident of Brandywine hundred, holding
Certain per - actual possession, in fee, by lease, or otherwise, of five acres or
sons not to more of land in or near said hundred, and no member of a family StItiOr ani-mals
of the the head of which shall hold land as aforesaid, shall suffer any
cow kind to
run At large. animal of the cow kind, owned or held by such resident, to pasture
or run at hate upon the public roads of said hundred, and no
non-resident of said hundred shall suffer any animal of the cow
kind to pasture or run at large on the public roads of said
hundred.
Horses not to SEmoN 2. It shall not be lawful for any animal of the horse
run at largo. kind to pasture or run at large on the public roads of Brandy-wine
hundred.
SECTION 3. That no other resident of said Brandywine hun-eons
capersnu f. What dred, or but one member Of the family of such resident, shall
for OBC COB' suffer more than one animal of the cow kind owned or held by to rnn at
large. such resident to pasture or run at large upon the public roads of
said hundred.
SECTION 4. That no person shall suffer any animal of the cow
kind owned or held by such person to pasture or run at large
After notice on the roads of said hundred, after notice in writing, signed by
sotuifpfeer rsounchto three or more landholders of the school district wherein said
Animaalatlr"g e. owner or holder resides, shall have been served on said owner run either personally or by leaving the same at the residence of the
party, to the effect that such animal is breachy and unfit to be
at large.
SECTION 5. Every person wilfully suffering animals to run at
large contrary to the provisions of either of the foregoing sections
of this act, shall be liable to a penalty of one dollar per head for
each and every day such animal or animals do so run at large,
to be recovered by suit, before any Justice of the Peace in New
Castle county, made by any party interested, one-half of said
penalty to be paid to the prosecutor and the other half to the
Road Commissioners of the hundred, and the owner or holder of
such animal or animals running at large contrary to the provi-
24 LAWS OF DELAWARE.
OF THE GENERAL POLICE.
CHAPTER 26.
ESTRAYS.
LAWS OF DELAWARE.
OF TITLES TO REAL PROPERTY.
sions aforesaid, shall also be held liable for all damages commit-ted
by said animals, to be recovered in like manner for the benefit
of the damaged party: Provided said penalty or damages be sued Previ".
for within twenty days after each transgression or trespass.
SECTION 6. Nothing in this act shall be construed to interfere Act how OM-with
or prevent parties from proceeding with such animals as st'netcd.
provided in the laws concerning strays.
SECTION 7. That the provisions of this act shall apply to Act to ?ply
" Vanclever Avenue" and the "Marsh Road," roads belonging to trond,,.'
Cherry Island Marsh Company.
Passed at Dover, January 31, 1866.
CHAPTER 26.
()E JOINT ESTATES AN!) PARTITION.
Rev. Code, 256.
Sc,C I. Addition to Sec. 14 or Chap. SO.
Proceeds, low ordered to be paid.
Soc. 2. Chapter, how construed.
Publication.
An Act to _amend Chapter 86 qf the Revised Code, and for other, purposes,
Rev.2Sn.
Code,
'
SECTION 1, Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That Addition to
the following be added as an amendment to Section 14 of Chapter sCeheap.t"e re f8 6,
86 of the Revised Code, viz : Rev. Code,
Provided, That in case of division of such proceeds, the Chan-eellor
shall have discretionary power, if in his opinion no lien ilOITVCri}814
will be rendered insecure thereby, to order the same or a part ""1.
thereof to be paid over to the party entitled. Any practice in
the Court of Chancery corresponding with this amendment is
hereby approved and made valid.
SECTION 2. And be it further enacted, That the aforesaid chap-ter
shall hereafter be read and construed as hereby amended, and ailasrtenre!low
in any edition of the laws hereafter to be published shall be PubilentIOn.
printed at the end of the section aforesaid.
Passed at Dover, February 6,1866.
25
4, IN'
Rev. Code, 26s. Si'. I. Section 10 Chap. NI, amended.
SID*. 1. U. S. Consuls in foreign countries au-thorized
to take ucknowledgtnent of
Deeds, &e.
Iter Code, An Art to amend Chapter 83 of the Revised Statutes .f the St«Ir .
26S. Delaware.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That Sec. 10Cha.
Fa Roy. Codpe Chapter 83 of the Revised Statutes be and the same is hereby
amended, amended by inserting in the fourth line of Section 10, after the
word "State," as follows: "before any Consul General, Consul or
commercial agent of the United States, duly appointed in any
foreign country at the places of their respective official residence ;"
also by inserting in the eighth line of the said section, after the
word 'his," the word "office."
Passed at Dover, January 30, 1866.
26 LAWS OF DELAWARE.
OF TITLES TO 'REAL PROPERTY.
CHAPTER 27.
PARTITION OF INTESTA'FE LANDS.
Sr.z 1. Petitions for partition may be filed in I Sc.u 1. Of the order and appointment of Free-vacation.
holders.
To whom presented. Order when returnable.
AV Art to authorize prorredings for Partition V intestate Lands, to be
begun in vacation.
SECTION 1. Be it enacted by the Senate and House of Repre-sentatives
of the State of Delaware in General Assembly met, That
rill'4'''.70fr"- petitions for partition of intestate real estate or to lay off dower,
partition. and for partition of the residue, may be filed in vacation as well
as in Term time, and when filed in vacation they may be pre- To whom
presented. sented to the Chancellor or to the Judge of the Orphans' Court
resident in the county where the lands lie ; who shall grant an
Of the order order for, and appoint the Freeholders to make such partition, or and Free-holders,
to assign dower and make partition of the residue ; and there-upon
an order for partition, or for the assignment of dower and
Order when partition of the residue, shall be issued returnable to the next
returnable. term of the court, and like proceedings shall be had therein as in
other cases.
Passed at Dover, February 17, 1866.
CHAPTER 28.
OF CONVEYANCES.
LAWS OF DELAWARE. 27
OF TITLES TO REAL PROPERTY.
CHAPTER 29.
DEEDS.
Preamble. Saw. 9. Said deeds to be conclusive agalust grail.
SM.. 1. Certain deeds executed prior to 1S:2.1 ter, and persons claiming under him.
may be recorded.
thi Art to render valid the acknowledgment of certain Deeds.
WHEREAS there are many conveyances of lands within this
State, of long standing, executed and delivered bona fide by par- Preamble.
ties resident in other States, who were therefore unacquainted
with the requirements of the Statutes of this State in relation to
the acknowledgment of deeds, which have not been acknowledged
in accordance with the requirements of the laws of this State in
force at the time of their execution, and under which the parties
grantee, named in the said conveyances, have entered into and held
quiet and uninterrupted possession of the premises so conveyed
for a long number of years; AND WHEREAS such deeds cannot
be admitted to record because of such defect; Therefore,
SECTION 1. Be it enacted by the Senate and House of Represen- Cor,1
Wives of the State of Delaware in General Assembly met, That ;leer,srieoxretcou-it
shall and Indy be lawful for the Recorders of Deeds in and for 1S231 may bo
the several counties of this State to receive and admit to record recorded.
any deed, 'duly signed and sealed by the parties therein named
as grantors, which was executed prior to the year A. D. 1825,
though the acknowledgment of any such deed, or private exami-nation
of any married woman being party thereto, may not have
been taken and certified in conformity with the laws of this State
existing at the time of the execution of any such deed, and when
any such deed shall be so recorded, the record, or a certified
copy thereof; shall be competent evidence ; and all and every such
deed executed as aforesaid, when recorded, shall be as good and
effectual in law as if: the same had been acknowledged and the
acknowledgment certified in accordance with the law existing at
the time of their execution.
SECTION 2. And be it further enacted by the authority aforesaid,
That no person, being grantor in any conveyance mentioned in =telt
the first section of this act, or claiming by, through, from, or "girTnenig.ati under any such grantor, shall make an entry into or have or ITT?0
maintain any action for, or make any claim to or in any lands, tettaRimar uhirhu
tenements or hereditaments mentioned and contained in any con-veyance
defective as set forth in the first section of this act, and
executed prior to the said year A. D. 1825, and of which the
parties named in such conveyances as grantees, and their assians
have held quiet, uninterrupted and exclusive possession since the
execution of said conveyances, but shall be forever debarred
28
Ordinances
and mein-
Dona to be
evidence.
OF CIVIL ACTIONS IN GENERAL.
LAWS OF DELAWARE.
therefrom without any saving or exception whatsoever, unless
such entry be made or action brought within six calendar months
from and after the passage of this act.
Passed at Dover, February 15, 1866.
CHAPTER 30.
EVIDENCE.
SEC. 1, Ordinances and Resolutions of the City Sec. 1. To be admitted as evidence, Sic,
Council of Wilmington,
An Act providing for the Proof of the Ordinances and 1?esolution,5 of the
'City Council of 117ilmington.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, as follows:
SECTION 1. The printed copies of the Ordinances and Resolu-tions
of the City Council of Wilmington, whether of a public or
private nature, published by authority of "the City Council,''
shall be admitted as evidence thereof in all courts of law or
equity, and on all occasion § whatever, and in pleading it shall
not be necessary to recite or draw them out at large.
Passed at Dover, January 25, 1866.
CHAPTER 31.
SUEVIVENCY OF ACTIONS FOR PERSONAL INJURIES.
Soc. 1. Action don not ilbate on death of plain. Sec. 2. Widow of deceased may bring such ttc.
tiff. lion.
Parnonal representatives subntituted an I widow, the personal represents-pldnliif,
liven.
Au Act in rel«tion to injuries or Death, occasioned by unlawful violence
or negligence.
Be it enacted by the Senate and4fouse of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That no action hereafter brought to recover dama- Action not te
abate. ges for injuries to the person by negligence or default, shall abate
LAMS. OF DELAWARE.
OF CIVIL ACTIONS IN GENERAL.
by reason of the death of the plaintiff; but the personal repre- Peepriseo, ;no au I
sentatives , of the deceased may be substituted- as plaintiff and.fives.
prosecute the suit to final judgment and satisfaction.
SECTION 2. Whenever death shall be occasioned by unlawful w,
violence or negligence, and no suit be brought by the party dectaTer
injured to recover damages during his or her life, the widow ofmanbrIng
any such deceased person, or if there be no widow, the personal Or personal
representatives may maintain an action for and recover damages rgers07 tf,
for the death' thus occasioned.
Passed at Dover, January 26, 1866.
CHAPTER 32.
OF PLEADING AND PRACTICE IN CIVIL ACTIONS.
Rev. Code, 376,
Sao. 1, Ilow suits may be brought against un-incorporated
associations using a com-mon
name.
Of the judgments recovered, and the
execution thereof.
A certificate of the individual names
composing said associations to be filed
in Prothonotary's office after let of
July next.
Sac. 1. Penalty for neglect.
2. No declaration required on confession
of judgment.
3, Where no declaration has been filed on
judgments D. S. B. heretofore entered,
such judgments are not invalid.
Declaration to be flied num/ pro tune.
SEC. 4. Act to be additional to Chap. 106 of Iter.
Code.
Future publications.
An Act in addition to Chapter 106 of the Revised Code. Iter, Coda,
376.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
SECTION 1. That whenever any business is transacted in this
State by an unincorporated association of persons using a com-mon
name, (ordinary partnerships excepted,) suits may be Suite against
brought and the pleadings conducted against the individuals1:tenrarg:
composing such association by such common name, and judgment cla"°".
recovered therein shall be a lien like other judgments, and may
be executedexecuted by levy, seizure and sale of the personal and real emutkda
estate of such association, and also that of the said persons in the
same manner with respect to them as if they had been made par-ties
defendant by their individual names ; satisfaction thereof
may also be obtained by attachment process. And after the first
day of July next, no unincorporated association of persons
(partnerships as aforesaid excepted) shall transact business in this
State unless the individual names of all concerned therein. shall
'be first certified by an officer of such association to the Pro-
Rev. Code, 209.
Syr, 1. See. 07 of Chap. 73, amended.
30 LAWS OF DELAWARE.
CONCERNING CITIES AND TOWNS.
Penalty for thonotary of each county,' to be filed in his office ; any perSon
neglect. violating this provision shall forfeit and pay five hundred dollars
to any person who will sue for the Same.
No declara- SECTION 2. No declaration shall be necessary, nor shall any
Mon required cognovit be required for the confession of anyjudgment ; and
every warrant of attorney.authorizing the confession of judgment,
whether after declaration filed or otherwise, shall be taken to
authorize such confessions without the filing of any such declaration.
Where no SECTION 3. No judgment D. S. B., heretofore entered, shall be
jduedcglamraetniotsn taken to be invalid because it does not appear that any declara-not
invalid. tion or cognovit was filed prior to the entering of the same, but
whenever such declaration is required by the bond on which
such judgment was entered,. the court before whom any question
shall be raised about the validity of such judgment for want of
Declaration such declaration shall allow such declaration to be filed, 2t24710
C pro
tone. pro tunc, and the filing thereof, by virtue of such allowance, shall
have the same effect as if it had been filed as the authority for
the entering of such judgment.
Act to be ad- SECTION 4. This act shall be taken to be an addition to Chap-ter
106 of the Revised Code, and hereafter shall be read and con-
Future pub- strued as part thereof; and in any addition* of the laws hereafter Mentions. to be published, it shall be incorporated therein with an appro-priate
numerical change of sections.
Passed at Dover, February 9, 1866.
* No In enrolled bill.
CHAPTER 33.
OF THE CITY OF WILMINGTON.
I Sac. I. In relation to footways, getters and
curbs.
Rev. Code, iln Act to amend Chapter 73 IV' he Revised 'lode entitled, " Of the City
209. IVilmington."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, (two-thirds of each
house concurring,)
SECTION 1. That Section 67 of Chapter 73 of the Revised Sc.t 67 or
Chap. ii Code be amended by the addition thereto of the following words
Rov. Code, _I
in relation to and figures, viz : And the City Council may further in-their dis-th"""
Y oration in granting such application, cause such street, lane or gullet% and
curbs, swan- alley, or any part thereof, to be paved between the curbings ded, agreeably to the true regulations of said street, lane, or alley,
LAWS OF DELAWARE.
CONCERNING CITIES AND TOWNS.
'under the direction of the street committee, in the same manner,
with the same powers and effect, to the same extent, and subject
to the provisions of Section 24 of an act to amend the Charter
of the City of Wilmington, passed at Dover, February. 20, 1857,
the same as if their said action were taken under the authority
of said last mentioned section; and upon the application of two or
more freeholders, residing or holding property on such street,
lane, or alley, to cause it to be paved.
Passed at Dover, January 25, 1866.
CHAPTER 34.
OP THE CITY OF WILMIXOTON.
Roy. Code, 209. I Sac. I. Proviso.
Ste. I. City Council to have entire control of
tho drainage of tho city.
An Additional Act to amend Chapter 73 of the Revised Code entitled, Roy. Code,
Of the City if Wilmington." 209.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, (two-thirds of each
branch thereof concurring, as follows :)
SECTION 1. The city council shall have the entire jurisdiction Control of
and control within the limits of said city of the drainage thereof, loutaelintayge
and may pass ordinances for the opening of gutters, drains and
sewers within the limits thereof, and the regulating, maintaining,
cleansing and keeping the same and the natural water courses,
runs and rivulets within the said limits open, clear and unob-structed,
and for that purpose may authorize the entry upon
private land, and by general regulations prescribe the mode in
which they shall be opened, maintained, cleansed and kept open
and unobstructed and who shall bear the expense thereof, and
may, in its discretion,-assess the costs thereof upon the persons
and property, real and personal, of those particularly benefited
thereby, or of those owning or holding lands through or along
which said sewers, drains or water courses shall flow or pass, and
prescribe the mode of collection the'reof: Provided, That nothing Proviw
herein contained shall be construed to authorize the taking of
private property for public use without just compensation.
Passed at Dover, January 30, 1866.
a,11
31
32 LAWS OF DELAWARE.
CONCERNING MIES AND TOWNS.
CHAPTER 35.
OF THE CITY OF WILMINGTON.
Rev. Code, 209. 1 See. 2. Section 10 of said Chapter, in relation to
Soc. L Section 4 of Chap. 73 Rev. Code, amen- Electors' qualifications amended.
Cod. How.
Clergymen not elegible to office.
Rev. Code, An Act to amend Chapter 73 if the Revised Code entitled. " Of the City
209. of Wilmington."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
Sec. 4 Cletp. SECTION 1. That Section 4 of Chapter 73 of the Revised Code 7:1 or the Re-
Nixed Code of the State of Delaware be and the same is hereby amended by amended. adding to the end thereof the following, to wit: "No ordained
not
Clergymen
°legible clergyman or ordained minister of the gospel, of any denomino.-
to Mike. tion, shall be eligible to any office established under or by virtue
of this chapter or any amendment or supplement thereto."
Sec. 10 of
said Chap. SECTION 2. That Section 16 of the said Chapter be amended
In relation to by Electors' triking out of the fourth line of said Section the words, "for
qualification that year," and inserting in lieu thereof the words "within two amended. years ;" also, by striking out of the said Section all between the
Row, word "vote," in the fifth line, and the word "if," in the eleventh
line thereof.
Passed at Dover, February 14, 1866.*
* Signed by the Speaker of the house.
CitAPTER 36.
MILFORD.
7 Vol. 441. Sic. 3. Sec. 4 of the act of Feb. 14, 1357, a part
Sic. 1. Town Commissioners authorized to curb of this act.
and pave a certain fitreat. 4, Penalty for neglect of Commissioners.
2. The Commissioners shall curb end pave A. Of crossings.
upon the neglect or refusal of said
owner,.
7 Vol. 441. 44 Mtrther miailionat Sapp/emote to the act entitled, " An Act to tonend
the act entitled 'An Act direeting the choosing of Commissioners to regu-late
and repair the Streets of Milford, waif& other purposes.'"
Town cum- SECTION 1. Be it enacted by the Senate and House of Represen-mlnaloners
authorized to tatives of the State of Delaware in General Assembly 9net, That it
curb and shall and may be lawful for the Town Commissioners of the Town pave a cer-tain
street. of Milford, and they are hereby directed to cause North Street,
LAWS OF DELAWARE. 33
CONCERNING -CITIES AND TOWNS.
in said Town of.Milford to be curbed with stone and paved with
hard brick of * the width of five feet on each side of said North
street, from its intersection with Front street on the western side,
to the southern boundary of Fourth street, and on the eastern
side to Causey, or said Fourth street. It shall be the duty
of the said commissioners, upon notice being served upon
them or any one of them in writing, signed by five or more
freeholders of the said town, requesting them to cause said commisston-street,
within the limits aforesaid, to be curbed and paved as re tAyintgY
aforesaid, within five days thereafter to notify the owners of of Pr7Orty
the property along the said street, on each side thereof, to :tilre...to pave
have said curbing and paving done within ninety days from,,7,dec."'
the service of said notice ; and if such notice cannot be served Zothom
upon any owner for any cause whatsoever, the commissioners am
shall cause a notice to be posted up in front of such property as
may be owned by persons upon whom notice cannot be served in
person on account of their residing without the corporate limits
of the Town of Milford.
SECTION 2. And be it further enacted by the authority aforesaid,
That if any landowner along the line of said North street, within
the limits mentioned in the first section of this act, shall refuse or
neglect to curb or pave in front of or along the line of their res-pective
properties for the space of ninety days from the servicepuar,botupa
of notice as contemplated by Section I, then it shall be the duty Vrneggror of the said commissioners to cause the same to be done within said owners.
ninety days from such neglect or failure.
SECTION 3. And be it further enacted by the authority aforesaid,
That the provisions of Section 4 of the supplement to the act to asg.01 Mb.°
which this is a further additional supplement, passed at Dover, 14, 1351, a
February 14th, 1851, be and the same are incorporated in and Lat °f "d3
made a part of this act so far as the same may be applicable
thereto and not inconsistent therewith.
SECTION 4. And be it further enacted by the authority aforesaid,
That if said commissioners shall refuse or neglect to perform the
duties enjoined on them by this act, they shall be liable to a fine Le:1Zr
of fifty dollars each, to be recovered at the suit of any person COMMM011-
who may inform upon them to any magistrate or Justice of the ers.
Peace, one-half of said fine shall be for the use of the informer,
and the other half for the use and benefit of the Town of Mil-ford,
and they shall also be liable for all costs incurred. Pro-ceedings
shall be conducted and execution issued as for other
fines imposed by a Justice of the Peace.
SECTION 6. And be it further enacted by the authority aforesaid,
That whenever said North 'street crosses any street within the Of crossings,
* 80 in enrolled bill.
8
32. LAWS OF DELAWARE.
CONCERNING CITIES AND TOWNS.
CHAPTER 35.
OF TILE CITY OF wommyrox.
Rev. Code, 209. I Sim 2. Section 10 of said Chapter, in relation to
See. 1. Section 4 of Chap. 73 Rev. Code, amen- Electors' qualifications amended.
tied. Row.
Clergymen not elegible to Mike.
Rev. code. An Act to amend Chapter 73 qf the Revised Code entitled. " Of the City
'209. r;f Wilmington."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,
non 4 Cifar. SECTION 1. That Section 4 of Chapter 73 of the Revised Code 73 of the Ite
vise(' Code of the State of Delaware be and the same is hereby amended by amended. adding to the end thereof the following, to wit : " No ordained
Clergymen clergyman or ordained minister of the gospel, of any denomina-not
illegible .
to oflice. ton, shall be eligible to any office established under or by virtue
of this chapter or any amendment or supplement thereto."
Sec. 10 of
said Chap. SECTION 2. That Section 16 of the said Chapter be amended
in relation to
Nov striking out of the fourth line of said Section the words, "for Electors' ,
qualification that year," and inserting in lieu thereof the words "within two amended. years ;" also, by striking out of the said Section all between the
Row. word "vote," in the fifth line, and the word "if," in the eleventh
line thereof.
Passed at Dover, February 14, 1866.*
* Signed by the Speaker of the House.
CHAPTER 36.
MILFORD..
7 Vol. 441. I Sac. 3. Seed of the act of Feb. 14, 1S57, a part
Sex. 1. Town Commissioners authorized to curb I of this act.
and pave a certain street. 4. Penalty for neglect of Commissioners.
2. The Commissioners shall curb and pave 1 A. Of crossings.
upon the neglect or refusal of said I
WHOM
7 Vol. 441 A Partite?. additional Supplement to the act entitled, " An Act to amend
the act entitled 'An Act directing the choosing qt" Commissioners to regu-late
and repair the Streets of Milf(ml, and for other purposes.'"
Towa Com. SECTION 1. Be it enacted by the Senate and House of Represen-authorized
to
missloners tatives of the State of Delaware 'in General Assembly met, That it
ellth and shall and may be lawful for the Town Commissioners of the Town pave ft cer-tain
street. of Milford, and they are hereby directed to cause North Street,
LAWS OF DELAWABE. 33
CONCERNING CITIES AND TOWNS:
in said Town of Milford to be curbed with stone and paved with
hard brick of * the width of five feet on each side of said North
street, from its intersection with Front street on the western side,
to the southern boundary of Fourth street, and on the eastern
side to Causey, or said Fourth street. It shall be the duty
of the said commissioners, upon notice being served upon
them or any one of them in writing, signed by five or more
freeholders of the said town, requesting them to cause said Commission-street,
within the limits aforesaid, to be curbed and paved as re too:fleet; .f4y
aforesaid, within five days thereafter to notify the owners of of =arty
the property along the said street, on each side thereof, to stnreetto pave
have said curbing and paving clone within ninety days fromsnaunid:urb
the
the service of said notice ; and if such notice cannot be served Olfeet hoof sneer:
upon any owner for any cause whatsoever, the commissioners Me.
shall cause a notice to be posted up in front of such property as
may be owned by persons upon whom notice cannot be served in
person on account of their residing without the corporate limits
of the Town of' Milford.
SECTION 2. And be it further enacted by the authority aforesaid,
That if any landowner along the line of said NOrth street, within
the limits mentioned in the first section of this act, shall refuse or
neglect to curb or pave in front of or along the line of their res-pective
properties for the space of ninety days from the service rybe au updo
of notice as contemplated by Section 1, then it shall be 'the duty etiriernegeleefter
of the said commissioners to cause the same to be done within said owners.
ninety days from such neglect or failure.
SECTION 3. And be it furth.er enacted by the authority aforesaid,
That the provisions of Section 4 of the supplement to the act to risgj
which this is a further additional supplement, passed at Dover,14,1951, a
February 14th, 1851, be and the same are incorporated in andlear Of this
made a part of this act so far as the same may be applicable
thereto and not inconsistent therewith.
SECTION 4. And be it further enacted by the authority aforesaid,
That if said commissioners shall refuse or neglect to perform the
duties enjoined on them by this act, they shall be liable to a fine nPeogninelct(offor
of fifty dollars each, to be recovered at the suit of any person commission -
who may inform upon them to any magistrate or Justice of the ere.
Peace, one-half of said fine shall be for the use of the informer,
and the other half for the use and benefit of the Town of Mil-ford,
and they shall also be liable for all costs incurred. Pro-ceedings
shall be conducted and execution issued as for other
fines imposed by a Justice of the Peace.
SECTION 5. And be it further enacted by the authority aforesaid,
That whenever said North *street crosses any street within the of crossings.
* So in unrolled bill.
3
34 LAWS OF DELAWARE.
limits described in this act, the said Commissioners shall cause to
be made good and suitable crossings, at the expense of said Town
of Milford.
Passed at Dover, January 30, 1866.
CHAPTER 37.
OF TIIE CITY OF WILMINGTON.
CONCERNING CITIES AND TOWNS.
12 Vol. 103 and 177.
Site. I. Section 1 of Chap. 73, as amended by
acts to tvhich this Is is supplement,
stricken out.
Limits of the City of Wilmington de-fined.
2. Powers of Mayor and Council extended
to new limits.
Laws and ordinances now in force to
apply to now limits.
Duties of City Assessors in relation to
persons and property embraced in now
limits.
No appeal allowed.
Land, part within the city and part
without, how assessed.
In such cases appeal allowed.
. Sim. 3. Assessor to assess persons not on county
assessment.
Tax not to be laid till 1S07.
4. City Wards to continue as heretofore, and
Lit enlarged by new limits.
City Council not to cause any person
within now limits to pave or curb
streets, Zie., till two years.
Exceptions.
II. Lines of School Districts within new
limits to remain as at present for two
years for school purposes.
7. Roads, how vacated.
Notice.
Damages, how valued.
S. Inconsistent acts repealed.
A farther Supplement to the act entitled, An Act to amend Chapter 73 of
the Revised Code entitled, ' Of the City of Wilmington,'" passed at
Dover, February 28, 1861, and to the Supplement to the said act, passed
12 Vol. 103 at Dover, on the 7th of March, 1861.
and 177.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, (two-thirds of each
branch thereof concurring,) as follows :
SECTION 1. The first section of Chapter 73 of the Revised Code,
as amended by the acts to which this is a further supplement, so
See. 1 or far as the boundaries of the City of Wilmington are set forth, is
Canhaen).(1e7a3, boil hereby stricken out, and the following limits assigned to said
tahcitss itxo wa hsiucp city and inserted in lieu of so much of said acts so stricken out,
sptlreiicnkeenn t out.that is to say : The City of Wilmington shall be bounded as
follows, viz : Beginning at the Delaware River, at a point one
Limits of the thousand yards eastwardly from a stone set or to be set in the
cItY n mingto de- middle of the westerly bank of said river, in a line with the
Sued, northerly side of Thirteenth street, extended ; thence by a line
forming an extension of said street without any change of course
thereof, to the easterly side of the Brandywine Creek; thence
along the same about one and a quarter miles to the old ford
above the head of tide water, and continuing along said side of
LAWS OF DELAWARE. 35
CONCERNING. arms AND TOWNS.
said creek about 3,300 feet, or until it reaches a point 6,968 feet
(measured at right angles) from the northerly side of Front street,
extended westwardly ; thence north fifty-eight degrees west and
parallel with Front street, to a line intersecting Front street at
right angles at the distance of 2,330 feet westerly from the corner
of Broom street ; thence along said line south 32 degrees west
and parallel with Market street 6,968 feet to the northerly side
of Front street, extended, (2,330 feet westerly from the centre of
Broom street); thence continuing the same course over Front
street to a point 1,690 feet from the southerly side thereof ;
thence south 68 degrees east and parallel with Front street to the
northerly side of the Christiana Turnpike Road ; thence by a
line running southerly, and at right angles to said turnpike, to
a marked stone intended to be set in the bank at the southerly
side of Christiana River ; thence easterly parallel with Front
street to the Delaware River aforesaid, to a point therein one
thousand yards from a marked stone intended to be set in the
middle of the western bank of said river, and thence thereby
northerly to the place of beginning.
SECTION 2. Within the limits of the City of Wilmington ?mars of
established by this act, the Mayor and Council of Wilmington
shall be vested with all power, rights, privileges and immunities iiteonwdeLtitt"e
which before this time belonged to them as a municipal corpora-tion.
All the laws, ordinances and regulations in force within 0%2,17:arced.
the former city limits, and not locally inapplicable, shall be now in fotrco
extended and applied to the new territory comprised within the tilnavPIIIKas°.
boundaries as set forth in the first section of this act.
SECTION 3, The City Assessors shall, as to all real estate not Duty of City
heretofore within the city but now comprised within the lines A'se"'"'
described in Section 1, and as to the capitation rates for poll taxes,
transfer the assessment thereof from the assessment list of New
Castle county for the year 1866, two-thirds of which assessment
shall continue to be the assessment thereof, without change or
alteration, for the term of two years. No appeal shall be taken at wri
from the assessment so made., Where a piece of land has been In co" fand,
assessed as an entirety on the county assessment and a part thereof'
has been brought within the city by the new boundaries, it shall city and part
without.
be the duty of the City Assessor to assess such part as nearly as
may be conformably to the county rate. From such assessment !'V,T.""
an appeal shall lie as in other cases. Persons residing in the lowed.
newly acquired territory, and not found on the county assessment,
shall from time to time be rated for poll tax by the City Assessor, rename not from which there may be an appeal. No tax shall be laid by
the city upon such transferred assessments prior to the year 1867. Tax not to
Taxes laid upon assessments transferred from the county list
shall be upon the rate of six per cent. upon said assessments.
36 LAWS Or DELAWARE.
CONCERNING CITIES AND TOWNS.
SECTION 4. Hereafter the First Ward of the City of Wilming-
City wards
to continue ton shall comprise all the present first Ward and that portion of
aasn dh earse teon-fo re the new territory lying west Of the causeway or public road
larged by leading from Wilmington to New Castle. The Second Ward now limits. shall comprise all the present Second Ward and that portion of
the new territory lying east of the causeway or before-mentioned
road to New Castle and south of Fourth street extended to the river
Delaware. The Fourth Ward shall comprise the present Fourth
Ward and that portion of the new territory lying east of it and
between Fourth and Tenth streets, extended to the river Dela-ware.
The Fifth Ward shall comprise all the present Fifth Ward
and that portion of the new territory acquired by this act lying
north of Tenth street. The Third Ward shall remain with its
present limits.
City ECTION 6. It shall not be lawful for the City Council, for two
Councilcause
0o not to
any person years from the passage of this act, to cause any paving of streets
within new
limits to or sidewalks, or any curbing in said extended territory of said
pave or curb y
streets, dm., I unless such curbing or paving be asked for by persons own-till
two ing at least two-thirds of all the front of each and every square,
xacregptions. in front of which it shall be proposed to curb or pave.
Lines of SECTION 6. The lines of any School District brought into the
School City of Wilmington by the extension authorized by this act of
innewlimits
Wets, with-to
remain as the limits of said city shall, for the term of two years, for all
at present school purposes, remain as the same now are ; and all persons
ffoorr tswchoo yoel ars within the said new lines shall have their school privileges, in
PurPoseL the schools of said Districts as heretofore existing, and not in the
Public Schools of Wilmington, and shall be assessed, and the
property within said lines shall be assessed for the term afore-said,
for the support of the Schools of said respective Districts,
in the same manner and to the same effect as before the passing
of this act; and no school tax for the Public Schools of Wil-mington
shall be levied on said persons or property during said
term.
Roads how SECTION 7. Be it further enacted as aforesaid, That no public
Yacated, or private road included within the limits of said city shall here-after
be vacated, either upon the application of the City Council
Notice, or of any person interested, unless notice of the intention to
apply, either to the General Assembly or to the Court of General
Sessions of the Peace and Jail Delivery, to vacate such public or
private road, be first published for the period of thirty days, in
two of the newspapers published in said city, prior to such appli-cation
; and when any such 'roads shall have been vacated as
Damages, aforesaid, any person sustaining injury thereby may apply to the
110W valued. Court of General Sessions of the Peace and Jail Delivery in and
for New Castle county to appoint three disinterested and impar-tial
persons to value the damages which he has sustained, and
LAWS OF DELAWARE.
CONCERNING CITIES AND TOWN5.
the damages so assessed shall be paid by the City Council afore-said
before said road so vacated shall be closed up or obstructed. Inconsistent
SECTION 8. All acts and parts of acts of this Legislature, in- acts repealed
consistent with this act, are hereby repealed.
Passed at Dover, February 16, 1866.
CHAPTER 38.
MILFORD.
7 Vol. 441.
Sae. 1. Town Commissioners authorized to curb
and pave a certain street.
2. The Commissioners shall curb and pave
upon neglect or refusal or said owners.
Sac. 3. Section of the act of Feb. 14, 18:31, a
part of this act.
4. Penalty for neglect of Commissioners.
Crossings.
37
A further Additional Supplement to the act entitled "An Act to amend the 7 Vol. 441.
act entitled, 'An Act directing the choosing of Commissioners to regulate
and repair the Streets of Milford, and for other purposes.'"
SECTION 1. Be it enacted by the Senate and House of .Represen-tatives
of the State of Delaware in General Assembly met, That
it shall and may be lawful for the Town Commissioners of the Tinotisvistioall18-
Town of Milford, and they are hereby directed to cause Church authorised
street, in said Town of Milford, to be curbed with stone and paved tpgacyuorabcaear-d
with hard brick of the width of five feet on each side of said lain street.
Church street from its intersection with Front street on the west-ern
side to the southern boundary of Third street, and on the
eastern side to the southern boundary of Second street. It shall
be the duty of the said commissioners, upon notice being served oc,°%n=131;
upon them, or any on of them, in writing, signed by five or more toir, orwo neerrts
freeholders of the said town, requesting them to cause said street, ouLdetZt
ctuavtiomand within the limits aforesaid, to be curbed and paved as aforesaid,
within five days thereafter to notify the owners of the property "Me'
along the said street, on each side thereof as aforesaid, to have
said curbing and paving done within ninety days from the service or service
of said notice ; and if such [notice] cannot be served upon any """'
owners, for any cause whatsoever, the commissioners shall cause a
notice to be posted up in front of such property as may be owned
by persons upon whom notice cannot be served in person on ac-count
of their residing without the corporate limits of the Town
of Milford.
SECTION 2. And be it further enacted by the authority aforesaid,
That if any landowners along the line of said Church street,
within the limits mentioned in the first section of this act, shall
Preamble.
Preamble.
Sac. 1. Directors of Fanners' Dank and branches
authorized to convert the same Into
National Bunk.
Th"mmisW1 . refuse or neglect to curb or pave in front of or along the line of sinners W
curb and their respective properties for the space of ninety days from the
MVO upon
the neglect service of notice, as contemplated by Section 1, then it shall
soar idre ofuwsnael rso.f be the duty of the said commissioners to cause the same to be
done within ninety days from such neglect or failure.
SECTION 3. And be it further enacted by the authority aforesaid,
act of Feb.
Sec. 4 of the That the provisions of Section 4 of the supplement to the net to
14, 15.11, a which this is a further additional supplement, passed at Dover, part of this
act. February 14th, 1851, be and the same are incorporated in and
made a part of this act, so far as the same may be applicable
thereto and not inconsistent therewith,
SECTION 4. And be it further enacted by the authority aforesaid,
Penalty for That if said commissioners shall refuse or neglect to perform the
neglect of
commission- duties enjoined on them by this act, they shall be liable to a fine
era, of fifty dollars each, to be recovered at the suit of any person
who may inform upon them to any magistrate or Justice of the
Peace, one-half of said fine shall be for the use of the informer
and the other half for the use and benefit of the Town of Milford,
and they shall be liable for all costs incurred. Proceedings shall
be conducted and execution issued as for other fines imposed by
a Justice of the Peace.
SECTION 5. And be it further enacted by the authority aforesaid, Ormislngs. That wherever said Church street crosses any street within the
limits described in this act, the said commissioners shall cause to
be made good and suitable crossings at the expense of said Town
of Milford,
Passed at Dover, February 15, 1866.
CHAPTER 39.
FARMERS' BANK OF THE STATE OF DELAWARE.
Sec. 2. Name of Dank when convened.
Who altall be officers of said new Dank.
iIt ilet to authorize the conversion of the Farmers' Bank of the State
of Delawctre into a National Banking Association, under the General
Banking law of the United Slates.
WHEREAS the State of Delaware is the owner of Stock in the
Farmers' Bank to the amount of three hundred and sixty-five
thousand and seven hundred dollars, being more than one-half
38 LAWS OF DELAWARE.
IN RELATION TO BANKS.
LAWS OF DELAWARE. 39
IN RELATION TO BANKS.
of the whole capital of said bank, the whole capital thereof
amounting to the sum of six hundred and eighty thousand dol-lars;
AND WHEREAS the stock owned by this State, added to the
stock owned by individuals who have voted in favor of the con-version
of said bank into a national banking association, under
the general banking law of the United States, will amount to
more than two-thirds of the .whole capital stock of said bank;
AND WHEREAS the principal bank is located and doing business
at the Town of Dover, in Sent county, and has branches doing
business and located, one at the City of Wilmington, in New
Castle county; one at the Town of New Castle in New Castle
county, and one at Georgetown, in Sussex county ; now therefore,
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, That
the directors of the Farmers' Bank of the State of Delaware and Directors of
of the several branches thereof be, and they are hereby author- t: rum, earns It
ized and empowered to change and convert the Farmers' Bank Arwagehrtr
of the State of Delaware, and the several branches thereof, into a convert tho
national banking association, with branches under the general Initeolit
banking law of the United States and according to the provisions Bank
of the act of Congress entitled, "An act to provide a national
currency secured by a pledge of United States Bonds, and to
provide for the circulation and redemption thereof," approved
June 3, 1864, and the amendments thereto; and the said directors
are hereby further authorized and empowered to execute all
papers and certificates, and to do and perform all acts, matters
and things that may be necessary and proper fully to effect and
complete such change and conversion.
SECTION 2. And be it further enacted, That the name of the bank Natuo of
when so changed and converted shall he the "Farmers' National Icioannyko`riehr
Bank of the State of Delaware."
SECTION 3. And be it further enacted, That the present directors who shell
of the Farmers' Bank of the State of Delaware, and of the several
branches thereof, shall be the directors of the Farmers' National bask.
Bank of the State of Delaware and of the several branches thereof
until their successors in office shall be duly chosen.
Passed at Dover, January 10, 1866.
40 LAWS OF DELAWARE.
IN RELATION TO BANKSRAILROADS.
CHAPTER 40.
TIIE CITIZENS BANN OF SMYRNA.
12 Vol 337. I
Soc. I. Sec. 3 of Chap. 309, 12 Vol. amended.
Soc. 1. Term of Directors first chosen extended.
I
12 Vol. 337. An Act to amend Chapter 309 of the 12th Volume of the Laws of
Delaware.
SECTION 1. Be it enacted by the Senate and House of .Repre-
Sec 3
sentatives of the State of Delaware in General Assembly met, That . of
Chap. 309, Chapter 309 of the 12th Volume of the Laws of Delaware, en-
1
D2el
th Vol. titled, "An additional supplement to the act entitled, An act to . Laws, la
amended, incorporate a Bank in Smyrna under the name of the Citizens'
Term of DI- Bank of Smyrna,'" be and the same is hereby amended by strik- rectors first .
chosen ex- mg out the word "sixty-four," in line 5 of Section 3 of said act,
tended, and inserting the word " sixty-six" in lieu thereof.
Passed at Dover, February 17, 1866.
CHAPTER 41.
GUMBOROUGH AND BERLIN RAILROAD COMPANY.
Stir I. Commissioners, duties, capital stock. Sec. D. Incorporatedwhen, name, powers, pro-viso.
10
Meeting of subscriberswhen.
Annual meeting, occasional meetings. ! 11.
3. Directors, Elections, President, Care- ! tary and Treasurer, quonnn, vacan
cies.
II. Meetings, where hold, powers of Direc-tors,
by-laws, cellificates, assign-ments.
7. Certificates assignable, Rights of Am- I
signee.
S. Installments, failure to pay.
Proviso.
Dividends, when declared.
Notice, statement of affairs.
Location of rood, may unite, what roads,
conditions.
When lands, Ac., refused by owner, alt.
lineation to Superior Court, Freehol-ders,
Notice, Report, Ad quad dam-
71.11771, Final, Title absolute when
damages paid, Foos.
Crossings.
Damages or obstructions, Civil Action,
Indictment.
Non.oloction of officers, effect, Notice of
Election, Vacancies.
13. Tax on capital stock, then.
10. Public act, Perpetual, Revocation.
Act to incorporate the Gumbormigh and Perlin Railroad Company.
SECTION 1. Be it enacted by the Senate and House of Rgresen-tatives
of the State of Delaware in General Assembly met, (with
the concurrence of two-thirds of each branch of the Legislature,)
That Robert M. Rodney, Philip W. Mathews, Thomas H. Riggin,
Joseph S. Jones, Ebenezer Gray, William H. Betts, Joseph Ellis,
LAWS OF DELAWARE. 41
CONCERNING RAILROADS.
William .T. Elliott, James H. Tyer, Clement C. Hearn, Joseph G.
White, Benton H. Gordy, William E. Cannon, George W. Cary
and James W. Smith be and they are hereby appointed commis-sioners
to do and perform- the several things hereinafter men-tioned,
that is to say: They or a majority of them shall procure
and cause to be opened at such times and places, and on such Duties.
notice as they May deem proper, suitable books for subscriptions
to the stock of the Gumborough and Berlin Railroad Company,
and they shall permit all persons of lawful age to subscribe in
said books in their own names, or in the name of any other person
or company who may authorize the same, for any number of
shares in said stock. The capital stook of said company shall not capital stock
exceed five hundred thousand dollars, divided into twenty thou-sand
shares of twenty-five dollars each.
SECTION 2. And be it further enacted as aforesaid, That when
and as soon as one thousand shares of capital stock in said com-pany
shall be subscribed as aforesaid,` the subscribers, their suc- Incorporated
cessors and assigns, shall be and they are hereby declared to be When.
incorporated by the name and title of the Gumborough and Name
Berlin Railroad Company, and by the same name the subscribers
shall have perpetual succession and be able to sue and be sued, Powers.
plead and be impleaded, in all courts of record and elsewhere,
and to purchase, receive, have, hold, and enjoy, to them and their
successors, real and personal estate of every kind whatsoever, and
the same to grant, mortgage, sell, alien, and dispose of, and to
declare dividends of such portions of the profits of' the company
as they may deem proper, also to make and have a common seal,
and the same to alter and renew at pleasure, and also to make and
ordain by-laws and regulations for the government of the said
corporation not inconsistent with the constitution and laws of the
United States or of' this State, and generally to do all and singular
the matters and things which to them it shall lawfully appertain
to do for the well being and ordering of' the same : Provided, Proviso.
That nothing herein contained shall confer any banking privileges
on the said company, or any other liberties, franchises or privi-leges
but those which are properly incident to such a corporation.
SECTION 3. And be it further enacted as aforesaid, That as soon
as one thousand shares shall be subscribed, as aforesaid, the said
commissioners, after giving at least ten days notice thereof in tfiticirnfimort..
two or more newspapers, published in this State, shall call a meet- When.
ing of the said subscribers in Gumborough, to organize the said
Company by the choice and appointment of officers as hereinafter
mentioned.
SECTION 4. And he it further enacted as aforesaid, That there Iregg
shall be an annual meeting of stockholders, on the second Mon- When'
day in January, in every year, in the village of Gumborough, for
CONCERNING RAILROADS.
For what the purpose of electing Directors, and for the transacting of other purpose.
business ; in all meetings of the stockholders, regularly convened,
those present may proceed to business, and all questions shall be
Ballot, determined by a majority of the votes given. All elections by
stockholders shall be by ballot, and all votes shall be given in
Proxy. person or by proxy, and each share of stock shall entitle the
Occasional owner to one vote. Occasional meetings of the stockholders
meetings. may be called, and at such places as the President and Directors
may deem expedient.
SECTION 5. And be it further enacted as aforesaid, That at the.
first meeting of the stockholders to be held under the call of the
said commissioners, and at every annual meeting of the stock-holders
to be held thereafter, as aforesaid, they shall elect seven
directors, a majority of whom shall be citizens of this State, and
all of them stockholders in the said company. The first election
of directors shall be conduqtecl by two of the said commissioners
Elections, as the judges thereof, and all subsequent elections of said officers
shall be conducted by two of the stockholders not in the board,
to be appointed by the directors, for the time being, as judges
for that purpose. The directors, immediately after their election,
President, shall proceed to choose one of their number to be the President
of their company, and of the said board ; and their term of office
Term, shall be until the annual meeting of the stockholders succeeding
their election, and until their successors shall be duly chosen.
itcarV,`,1, The directors shall also appoint, immediately after their election,
a Secretary and Treasurer of the said company, who shall con-
Term. tinue in office for the term as aforesaid, and until their successors
shall be duly appointed, unless sooner removed, for a sufficient
cause, by the directors. They shall require of the Treasurer,
Bond of on his appointment, a bond, with sufficient security, for the Treasurer, proper performance of the duties of his office and the faithful
discharge of the trust reposed in him by the said company. A
majority of the whole number of directors shall constitute a
Quorum. quorum for the transacting of business, and in the absence of the
President may appoint a chairman of the board pro tempore.
Vacancies. Vacancies in the board of directors, and in the offices of Presi-dent,
Secretary and Treasurer, may be filled by the remaining
directors, to continue as aforesaid.
fe. SECTION 6. And be it further enacted as aforesaid, That the
Meetrien gs,old said President and Directors shall bold their meetings in the vii- whe h. Inge of Gumborough, and in such other places as they may deem
Powers of expedient, on the line of the said road ; and the said directors shall
Directors, have the general direction, conduct and management of the
property, business and operations of the said company, and for
that purpose shall have power to appoint, engage and employ
all such officers, and agents, engineers, contractors, workmen and
Directors,
42 LAWS OF DELAWARE.
LAWS OF DELAWARE. . 43
CONCERNING RAILROADS.
laborers, as they shall deem necessary, and to fix salaries of all
officers in the corporation) and the compensation and wages of
all persons employed by them as aforesaid, and to take bond
from them or any of them, with security, for the faithful per-formance
of their duties or contracts; to proture such materials,
erect such structures and buildings, and to purchase or employ
such engines, cars, and other equipments and supplies for the
road, and for that purpose to make and enter into such contracts
and agreements with other persons and companies as they may
consider expedient and proper, and best adapted to promote the
objects and subserve the interests of the said company ; they
shall have full power to do all acts that may be necessary to
effect the purposes for which the said company is hereby incor-porated,
and to this end raise the capital stock and funds of the
said company, and to bind by their contracts, under the seal of
their corporation and the hand of the President, all the property
and estate of the said company. They shall also have the power
to make and prescribe the by-laws and regulations for the gov- By-laws.
ernment of the company ; to provide certificates of stock under
the seal of the company and the signature of the President, and
countersigned by the Secretary, for all the shares subscribed ;
and to prescribe the mode of assigning and transferring the Arisignment
same, and generally to do all such other matters and things as''f stock.
by this act and the by-laws and regulations of the company they
shall be authorized to do.
SECTION 7. And be it further enacted as aforesaid, That it shall
be the duty of the President and Directors to procure certificates Cortillentes
of stock for all the shares subscribed in said company, and cause of '6'
the same, signed, sealed, and countersigned, as aforesaid, to be
issued to the subscribers therefor, which shall be assignable, at Assignable.
the will of the holder, in the method prescribed in the by-law' s
of the company, and the assignee of any such certificate, so Rights of
transferred, shall be a stockholder in said company, and shall be A"ignee'
entitled to all the rights and emoluments incident thereto, and be
subject to all the installments, forfeitures and penalties, due or to
become clue thereon, as the original subscriber would have been.
SECTION 8. And be it further enacted as aforesaid, That the
subscribers to the said capital stock shall pay to the Treasurer of
the said company the installments on each share by them sub- lueltallments scribed, as the same shall be respectively called in, pursuant to
the public notice and call of the Directors ; and if any subscriber Failure to
shall omit for thirty days after any such call to pay any such install- 1"Y.
ment at the time and place appointed in said notice, he shall pay,
in addition to the installment, at the rate of two per cent. a month
for the delay of such Payment, or the shares so held by him, with
all the previous installments paid thereon, may be declared for- Forfeiture
44 LAWS OF DELAWARE.
CONCERNING RAILROADS.
feited to the company at the option of the Directors ; all sums
of money which may accrue to the company under this section,
may be sued for and recovered as debts of a like amount are re-coverable
by the laws of this State; Provided, That no stockholder
shall be entitled to vote at any election, or in any meeting of the
said company, on whose shares any installments shall have been
due and payable more than thirty days previous to such election
or meeting, and are still unpaid at that time.
SECTION 9. And be it further enacted as aforesaid, That the said
President and Directors shall from time to time make and declare
To unite
with Del.
R. R.
Dividends. dividends of the nett profits of the business of the company, or of
such portions of such profits as they may deem advisable, the
When de- times for which shall be fixed bythe by-laws, and public notice
Oared.
Notice. thereof shall be given by them, and at each annual meeting of
Statement of the stockholders, it shall be the duty of the President and Direc-acfofmaiprsa
noyf. tors of the preceding year, to submit, to report, and to exhibit to
them a full and correct statement of the proceedings and affitirs of
the company for that year.
SECTION 10. And be it further enacted as aforesaid, That the
Read lobe said company be, and they are hereby authorized to survey,
located,
where. locate and construct a railroad, with one or more tracks, from any
point on the Delaware Railroad, on the north side of Broad Creek,
to a point [on] the line dividing the State of Delaware and Mary-land,
near Bethel Methodist E. Church, and to connect or unite
the same with the Delaware Railroad, with the assent of the
Delaware Railroad Company, upon such terms and conditions as
codione shall be agreed upon between the two companies, to be reduced
le be in wri" to writing and authenticated under the seals of the said compa- tins.
To nuke nies, and also to unite this said railroad with any other railroads
rwaiiltrho aodths.e r which may hereafter be constructed in this State, or in the State
of Maryland, upon such terms and conditions as may be agreed
upon between the companies uniting or connecting, to be authenti-cated
in like manner.
Refusal of
owner to al- SECTION 11. And be it further enacted as. aforesaid, That when-materials
to low land and ever any land, earth, sand, gravel, or other materials, necessary
he taken, to be taken and used in the construction of the said railroad, can-
Application not be procured or purchased of the owner thereof by agreement
to Superior between him and the company, the latter may* to the Superior court or
Judge. Court of Sussex county or to any Judge thereof in vacation,
Notice, first giving the other party at least five clays notice in writing of
the intended application, if within the State, and the said court
Freeholders or judge shall appoint five judicious and impartial freeholders to
SO itti8e148
Jamages. view the premises and assess the damages which the owner or
owners will sustain by reason of' the said railroad passing through
it in taking and using the same. The said freeholders shall be
So in enrolled bill.
How re-covered.
Proviso.
sworn or affirmed before some Judge, Justice of the Peace, or Sworn.
Notary Public, before entering upon the 'premises, faithfully and
impartially to perform the duty assigned them, and they shall
give ten days written notice to the owner or owners of the Notice of
premises, if within the State, and the same to the President Of freelmiders'
the company of the time of their meeting for the discharge of
their duty, which shall be upon the premises, and they shall
make report in writing, under their hands or the hands of a ReP°"
majority of them, to both parties; but if either party be dissatisfied
with the damages so assessed, such party may, on application to
the Prothonotary of the Superior Court in and for Sussex county,
within thirty days after such assessment, sue out a writ of ad cAradn qiuumo°. .
quod clamnum, requiring the Sheriff, in the usual form, to inquire
of twelve impartial men of his bailiwick of the damages afore-said,
and their report shall be final ; whereupon the damages so num.
assessed being paid by the company to the party entitled, or into Upon court for his or her use, whether they be under any disability, or inent Of
in or out of the State, the title to the land and premises described
and condemned in said report, for the purposes afbresaid, shall raneY3)""-
be absolutely vested in the said company, their successors and
assigns. The fees of the freeholders and the Prothonotary in all Fees'
such proceedings shall be fixed by the court, and in all cases Man!?
shall be paid by the company.
SECTION 12. And be it ,further enacted as aforesaid, That it
shall be the duty cif the said company to construct and keep in
repair, good and sufficient passages across such railroad, where
any public road shall cross the same, so that carriages, horses,
persons and cattle shall not be obstructed in crossing said rail- c.te nsing,
road ; it shall likewise be the duty of the said company, when
the said railroad shall intersect any farm, to provide and keep in
repair a suitable passage across the said railroad for the use of
said farm.
SECTION 13. And be it further enacted as aforesaid, That if 1,,,,nam
any person or persons shall wilfully and intentionally damage or olmtniction,
obstruct the said railroad, or any part thereof, or any part of the
works and property of the said company, they shall be liable to
the company, in a civil action, for double the damages sustained ; sic;rv.- acu°u
and shall, moreover, be guilty of a misdemeanor, and on indict- Lurdirtmont
ment and conviction, shall be fined not exceeding one thousand Flue.
dollars, at the discretion of the court.
SECTION 14. And be it further enacted as aforesaid, That if. Non-election at any time, an election of officers of the said company shall not of °Mee"'
be held and had pursuant to the provisions and appointment of
this act, the corporation shall not, for that cause, be deemed to be Corporation
dissolved ; but it shall be lawful to hold and have such election, WI's'''.
at any time afterwards, on giving ten days notice thereof in two
LAWS OF DELAWARE. 45
CONCERNING RAILROADS.
44 LAWS OF DELAWARE.
CONCERNING RAILROADS.
feited to the company at the option of the Directors ; all sums
How re-covered.
of money which may accrue to the company under this section,
may be sued for and recovered as debts of a like amount are re-
Proviso. coverable by the laws of this State ; Provided, That no stockholder
shall be entitled to vote at any election, or in any meeting of the
said company, on whose shares any installments shall have been
due and payable more than thirty days previous to such election
or meeting, and are still unpaid at that time.
SECTION 9. And be it further enacted as aforesaid, That the said
President and Directors shall from time to time make and declare
Dividends. dividends of the nett profits of the business of the company, or of
such portions of such profits as they may deem advisable, the
When de- times for which shall be fixed by the by-laws, and public notice
Oared. thereof shall be given by them, and at each annual meeting of Notice.
Statement of the stockholders, it shall be the duty of the President and Direc-caoffmidp"
a ny. tors of the preceding year, to submit, to report, and to exhibit to
them a full and correct statement of the proceedings and affairs of
the company for that year.
SECTION 10. And be it further enacted as aforesaid, That the
Road to be said company be, and they are hereby authorized to survey,
located,
where. locate and construct a railroad, with one or more tracks, from any
point on the Delaware Railroad, on the north side of Broad Creek,
to a point [on] the line dividing the State of Delaware and Mary-land,
near Bethel Methodist E. Church, and to connect or unite
To unite the same with the Delaware Railroad, with the assent of the with Del.
R. It. Delaware Railroad Company, upon such terms and conditions as
Conditione shall be agreed upon between the two companies, to be reduced
to be In wri- to writing and authenticated under the seals of the said compa- ting.
To unite nies, and also to unite this said railroad with any other railroads
witlreadh
raioath.e r which may hereafter be constructed in this State, or in the State
of Maryland, upon such terms and conditions as may be agreed
upon between the companies uniting or connecting, to be authenti-cated
in like manner.
Itetmal or owner to al- 1S..)E CTION 11. And be it further enacted as aforesaid, That when-ilnoawt
eladnitdh a tnod ever any land, earth, sand, gravel, or other materials, necessary
be taken. to be taken and used in the construction of the said railroad, can-
Application not be procured or purchased of the owner thereof by agreement
SuPorlor between him and the company, the latter may* to the Superior Court or
Judge. Court of Sussex county or to any Judge thereof in vacation,
Notice. first giving the other party at least five days notice in writing of
the intended application, if within the State, and the said court
Freeholders or judge shall appoint five judicious and impartial freeholders to
tO itHIlerig
Jamagen. view the premises and assess the damages which the owner or
owners will sustain by reason of the said railroad passing through
it in taking and using the same. The said freeholders shall be
So In enrolled bill.
LAWS OF DELAWARE.
CONCERNING RAILROADS.
45
sworn or affirmed before some Judge, Justice of the Peace, or
Notary Public, before entering upon the premises, faithfully and
impartially to perform the duty assigned them, and they shall
give ten days written notice to the owner or owners of the Notice of
premises, if within the State, and the same to the President Of freelmiders
the company of the time of their meeting for the discharge of
their duty, which shall be upon the premises, and they shall
make report in writing, under their bands or the hands of a Re"""
majority of them, to both parties; but if either party be dissatisfied
with the damages so assessed, such party may, on application to
the Prothonotary of' the Superior Court in and for Sussex county,
within thirty days after such assessment, sue out a writ of ad= pod damnunz, requiring the Sheriff, in the usual form, to inquire
of twelve impartial men of his bailiwick of the damages afore-said,
and their report shall be final ; whereupon the damages so riuta.
assessed being paid by the company to the party entitled, or into u
court for his or her use, whether they be under any disability, or inlent '
in or out of the State, the title to the land and premises described \itIonar,',.
and condemned in said report, for the purposes aforesaid, shall I):
be absolutely vested in the said company, their successors and
assigns. The fees of the freeholders and the Prothonotary in all r,ees'
such proceedings shall be fixed by the court, and in all cases
shall be paid by the company.
SECTION 12. And be it further enacted as aforesaid, That it
shall be the duty Of the said company to construct and keep in
repair, good and sufficient passages across such railroad, where
any public road shall cross the same, so that carriages, horses,
persons and' cattle shall not be obstructed in crossing said rail- cr1,
road ; it shall likewise be the duty of the said company, when
the said railroad shall intersect any farm, to provide and keep in
repair a suitable passage_ across the said railroad for the use of
said farm.
SECTION 13. And be it farther enacted as aforesaid, That if n,,e, or
any person or persons shall wilfully and intentionally damage or obstrtictious.
obstruct the said railroad, or any part thereof, or any part of the
works and property of the said company, they shall be liable to
the company, in a civil action, for double the damages sustained ; aet"
and shall, moreover, be guilty of a misdemeanor, and on indict- fourdlottnent
ment and conviction, shall be fined not exceeding one thousand no. dollars, at the discretion of the court.
SECTION 14. And be it further enacted as aforesaid, That if. Nowelection at any time, an election of officers of the said company shall not of °ffiee"'
be held and had pursuant to the provisions and appointment of
this act, the corporation shall not, for that cause, be deemed to be Corporation
dissolved ; but it shall be lawful to hold and have such election, vuedd.ai"°I.
at any time afterwards, on giving ten days notice thereof in two
1 1
46 LAWS OF DELAWARE.
Notice of newspapers published in this State, of the time and place of election.
Vacancies holding such election ; end it shall be lawful for the Governor of
end° rb.y the State, for the time being, to supply any vacancies which may
occur among the commissioners appointed by this act.
SECTION 15. And be it further enacted as aforesaid, That the
Tax wi cno. said company shall pay semi-annually into the Treasury of the
nil Stock. State, a tax at the rate of one half of one per cent. per annum on
When. the capital stock of the company actually paid in, whenever the
business of the company shall, over and above its liabilities or
expenses, yield to the stockholders a profit or dividend on such
stock equal to the rate of six per centum per annum.
SECTION 16. And be it further enacted as aforesaid, That this
Public act. act shall be deemed and taken to be a public act, and may be
pleaded and given in evidence as such in all courts of law and
equity in this State, and that this charter shall be deemed and
N,n0wnia.i. held to be perpetual, or without limitation as to the time, subject nevertheless to the power of revocation, for the misuse or abuse
of its privileges by the said company, which is hereby reserved
to the Legislature.
Pabmed at Dover, February 1, 1866.
CHAPTER 42.
WILMINGTON AND BRANDYWINE RAILROAD.
12 Vol. 1:01.
se,. 1 Merger of Delaware and Pennsylvania
State Lino Railroad Co. with any
It. Co. in Penn.
2. Joint agreement of companies merg-ing.
.1. When merger perfected, the several com-panies
ti be deemed one corporation.
CONCERNING RAILROADS.
Sac. .1. Rights, privileges, franchises and debts
orostatildonc.omptinies vested in new ow -
21, or the refusal of stockholders to convert
their stock into stock of the consult-dated
cotnpany.
a. New colporation authorized to receive
subscriptions, and Issue additional
shares of stock.
A .fierth,,,. snipienfritl to an (ICI entitled, ila ti CI to ineoriwrate the
12 136. Wilmington and Brandywine Railroad Cmnpany," passed at Dover,
Hareh 5, 1861.
SECTION 1. Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met, (two.
thirds of each branch thereof concurring,) That it may and shall
be lawful for the Delaware and Pennsylvania State Line Railroad
Company, a corporation created by acts to which this a supple.
LAWS OF DELAWARE. 47
CONOERNING RAILROADS.
ment, to merge and consolidate its capital stock, franchises, and
property, with the capital stock, franchises and property, of any
other railroad company or companies, or corporations, organized
or operated, or having the authority to be organized or operated
under the laws of the State of Pennsylvania, whenever the rail-roads
of the companies or corporations so to be merged or con-solidated,
shall form with each other, or by means of any inter-vening
railroad, a continuous line of railroad to extend from any
point at or near the City of Wilmington, towards or into the
coal and lime regions of said State. Provided, That nothing in
this act shall be taken to authorize the said merger or consolida-tion,
unless the laws of said State of Pennsylvania shall author-ize
a like consolidation or merger ; Provided further, That no
interpretation shall hereafter be given to this act to authorize the
merger or consolidation of said Delaware and Pennsylvania State
Line Railroad with the railroads of this State.
Merger of D.
& P. 5. L.
R. R. Co.
Ivith any R.
R. Co. in Pa.
When.
Proviso.
Further pro.
vise.
SECTION 2. And be it further enacted by the authority aforesaid, joint...
That the said consolidation and merger shall be made under the meat cdconi-conditions,
provisions and restrictions, and with the powers here-rnahn-.'"'"I'''
after mentioned and contained in this act, that is to say : First.
The directors of the several corporations or companies proposing= to
to merge or consolidate may enter into a joint agreement, under
the corporate seal of each company or corporation, for the merg-ing
or consolidation of the said companies, corporations or rail-roads,
and prescribing the terms and conditions thereof; the
mode of carrying the same into effect ; the name of the new cor-poration;
the number and names of the directors, and other offi-cers
thereof, and who shall be the first directors and officers, and
their places of residence ; the number of shares of the capital
stock ; the amount or par value of each share, and the manner
of converting the capital stock of each of the said companies or
corporations into that of the new corporation ; and how and
when directors and officers shall be chosen; with such other
details as they may deem necessary to perfect such new organiza-tion,
and the merger or consolidation of such companies, corpo-rations
or railroads. Second. The said agreement shall be sub- 1;enel',Z1',..
rnitted to the stockholders of each of the said companies or cor- stockholders
porations, at a meeting thereof, called separately, for the purpose i:loregoitZ.
of taking the same into consideration; due notice of the time andlitroatVeYo'r
Place of holding such meeting, and the object thereof, shall be nieenug.
given by written or printed notices, addressed to each of the per-sons
in whose names the capital stock of said companies or cor-porations
stands on the books thereof, and delivered to such per-sons
respectively, or sent to theni by mail, when their post office
address is known to the company ; and also by a general notice, ceueral no-published
in some newspaper of any county wherein either of"
48 LAWS OF DELAWARE.
CONCERNING RAILROADS.
the said companies or corporations exercises its corporate privi-leges.
And at the said meeting of stockholders, the agreement
Adoption of of the said directors shall be considered, and a vote by ballot
agreement. taken for the adoption or rejection of the same, each share enti
tling the holder thereof to one vote; and the said ballots shall
Proxy. be cast in person or by proxy, and if two-thirds of the votes of ce,,f all the stockholders shall be for the adoption of the said agree.
adoption. merit, then that fact shall be certified thereon by the Secretary of
the respective companies or corporations under the seal thereof;
greement and the agreement so adopted, or .a copy thereof certified by the
A
and certiii- Secretary of the respective companies or corporations, under the
rate, whore
flied. seal thereof, shall be filed in the office of the Secretary of State,
and shall from thence be deemed and taken to be the agreement
Copy of and act of consolidation or merger of the said companies or cor- agreement,
with coffin. porations ; and a copy of said agreement or act of consolidation
cato of Sec.
of shit° 00- or merger, duly certified by the Secretary of State, shall be evi-cdoenrpcoe
roaft inoenw. donee a the existence of the said new corporation. Upon the
filing of the said agreement, or a copy thereof, as aforesaid, the
sce. st"te Secretary of State shall publish that fact, together with the date to publish
filing of of filing, and the name of the new corporation, and the names of agreement cz,
or copykc. its directors, in two newspapers of this State.
SECTION 3. And be it further enacted by the authority aforesaid,
When trier- That upon making and perfecting the said agreement and act of
ger perfected
the comp- consolidation or merger, as provided in the preceeding section,
niv3 to be
deemed one and filing the same, or a certified copy thereof, as aforesaid, the
corporation

STATE OF DELAWARE,
PASSED AT AN ADJOURNED SESSION'
OF THE
GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, THE NINTH DAY OF JANUARY,
A. D. 1866,
AND OF THE
INDEPENDENCE OF THE UNITED STATES
THE NINETIETH.
VOL. 13.-- PART 1.
PUBLISHED BY AUTHORITY.
JAMES KIRK, PRINTER, DOVER, DELA. VirA. RE.
1866.